Key Takeaways:
• Records that must be provided to employee: records pertaining to dates of employment, wages or salary during employment, job description and job title, and any injuries sustained by the employee during employment
• Compliance is required within 30 days of written request
• Subpoena and/or damages may result for failure to comply
Effective July 1, 2019, all Virginia employers are required to render copies of employment records to their current and former employees or their attorneys upon written request.
New rights for employees comes with increasing responsibility for their employers. Upon request, employers must provide employees with copies of their personal employment records that relate to the employee’s dates of employment, wages or salary during employment, job description and job title, and any injuries sustained by the employee during employment.
Requests for records must be honored within 30 days of receipt of written request. If the employer is unable to provide the records within 30 days, they must provide the requester with written notice detailing the reason for the delay. Subsequently, the employer must then provide copies of the employment records within 30 days of providing written notice of delay.
Failure to provide copies of employment records within 30 days could lead to adverse consequences for the employer. The employee could issue a subpoena to secure their records. Additionally, if a court finds that an employer “willfully refused to comply” an employee could be awarded damages to cover expenses incurred while trying to obtain their records.
There is a very limited exception to the law, but an employer is still be responsible for providing copies of employment records to the employee’s attorney or authorized insurer in that circumstance.
Contact info: Meredith S. Campbell Chair, Employment and Labor Group, Shulman Rogers mcampbell@shulmanrogers.com | T 301.255.0550 | F 301.230.2891
