Personnel files

Purpose

The purpose of this Policy is to provide guidance to employees regarding about their privileges and obligations with respect to their own personnel records.

Policy

Personnel records are maintained for each employee and are the sole property of Lynn University. Employee Services maintains official personnel files for all employees digitally. These include past and current contracts; performance reviews and evaluations; official transcripts; recommendation letters and a current vita.

Definitions

Not Applicable.

Procedures/Guidelines

I. Access to Personnel Files

Employees have the right to review their personnel files during regular office hours after giving reasonable notice to the Director of Employee Services. At the discretion of Employee Services, employees may obtain copies of any documentation in their Employee Services Personnel File. In addition, faculty members may obtain copies of any documentation in their Office of the Director of Employee Services’ file. Personnel records are the property of Lynn University and are not allowed to leave the Office of the Director of Employee Services or the Vice President for Academic Affairs as applicable.

In the event that there is a disagreement regarding the accuracy of original data in a file, the employee is to identify the inaccuracy in writing stipulating whether a correction or removal of alleged inaccurate data is being sought. Lynn University will determine whether or not to correct or to remove the alleged inaccurate data from a file and subsequently inform the employee of the determination in writing. If a request to correct or remove allegedly inaccurate data is accepted as submitted by the employee, no record of the original data or the request for correction or removal will be maintained in the employee’s file. However, a copy of a written denial to change or remove data will become part of the employee’s file.

Employees must provide their written permission before there will be a disclosure of personal information to an external source, with the exception of the following information:

  • Employment verification requests, either verbal or written. All responses to such requests will be made by the Director of Employee Services (or a designee) and will be restricted to dates of employment and the last or current position held.
  • Personal information that Lynn University is legally required to reveal by court order or subpoena.
  • Access to an employee’s personnel file to law enforcement officials or local, state, or federal agencies in accordance with applicable laws.

Subpoenas for any employee record must be forwarded to the Office of General Counsel. In most civil actions, a subpoena for such records must contain an affidavit stating the employee has received notice of subpoena. The University will comply with its legal obligations to produce employee records requested by subpoena. A right of privacy, however, may protect employee records. Accordingly, the Office of General Counsel will contact the employee when a subpoena for records is received in order to afford the employee the opportunity to review the records being requested in the subpoena. The employee may file papers with the court before the date specified on the subpoena for producing records if the employee objects to the University furnishing records to the party seeking records. The University must receive written documentation to cancel the subpoena from the court or the requesting party on or before the production date.

Note: The foregoing shall not be construed as prohibiting Lynn University from publishing an employee directory, which lists the employee’s name, email address, and telephone extension.

To learn more about this policy or the supporting procedures, please contact Employee Services.

Policy updated on: Oct. 24, 2018