QUESTION

Does an employer have to provide a copy of an evaluation if requested by an employee?

Asked on Dec 18th, 2015 on Wrongful Termination - Tennessee
More details to this question:
I was fired after a great evaluation and told that absences were addressed in my evalution. I say that it wasn't and the employer refused to provide a copy of the evaluation. Stating it is an internal office document and is not disclosed to any employee. I feel I was wrongfully terminated. There were no reprimands prior to termination.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
No.  In Tennessee personnel files, and the documents therein, are property of the employer.  The employer is not required to provide copies to the employee.   This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.  If not, then you would have no legal claim other than a claim for potential unemployment benefits. 
Answered on Jan 03rd, 2016 at 5:47 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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