Employees Right to Review Personnel Records

afox

Could someone tell me if employees (or ex-employees) have a right to review and/or copy personnel records? THANKS

cmergl

You'll have to check your state to see if there is a law regarding this because every state is different. I have an employment law reference book, which says that if there is no statute, as the book says is the case with IN, you should call your state Labor Department to see if there are any rules you should follow. The IN Labor Department is in Indianapolis, phone# 317-232-2378, email [url]www.state.in.us/labor[/url]

I'm in Illinois, and there is a statute here. In IL, employees can request, in writing, to see their file twice a year. Former employees may request to see their file for up to one year after leaving the company. The employer must comply with the request within 7 workdays, and can request a 7 day extension if necessary. The review should be done at the office, unless other arrangements are made. Copies can be mailed. You may charge the employee for the cost of the copy, but I don't do this. There are also rules regarding what employees are entitled to see, what to do if an employee disputes info in their file, what happens if you leave any info out, etc.

Again, check with someone in your state Labor Department to find out what you need to do in this case.

Margaret Morford

There is no federal law that requires you to show them their personnel file. However, some states have laws governing this. Remember, that this is not their file, but rather the company's file on them. With all that said, I will usually let employees view their file if they make an appointment and someone sits in the same room to make sure they don't remove anything from the file. I'll usually copy anything they want out of it. Why not? It may scare some lawyer off. You can also charge them a reasonable cost for copying and the labor to do so. The key here is reasonable. As far as ex-employees go, I will usually copy it for them charging then double what I charge a current employee. Otherwise, I think you encourage them to sue you so that they can get it by subpoena. This assumes that there's nothing in the file that would get you sued. If there is, I'd refuse to copy it and hold my breath.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Gillian

I agree with both of the posts and in Ca. employees have the right to review their file and have a copy of anything that they have signed. There really shouldn't be anything in the file that employees do not know about so letting them see what's there shouldn't produce any surprises. I, too, am liberal about the copies that I allow employees to have, for the same reasons that Margaret states.

hrqueen

I subscribe to a CCH publication -- HR Tool Kit which is very comprehensive and updated on a regular basis. Under Access to Personnel Files State Law Chart -- it shows that Indiana has no laws affecting private employers.

However, whether you not your company is in a jurisdiction requiring emloyee access you may want to institute a policy of reasonable access to avoid low morale problems and as part of a company policy of treating employees with fundamental fairness.

Rockie

In South Carolina, employment records are the property of the employer, but I'll let any employee that wants to look in their personnel file as long as they make an appointment with me and I'm in the room with them. They can have a copy of anything they wish from the file.

George Allen

I agree with everything posted so far but there's more to it. Because of the Privacy Act and the ADA, I have understood that it is a good practice to have two employee files. One, contains health and benefit related documents and is only available to the employee and the HR department. Its to be kept under lock and key and management stays out of it. The second set contains the employee information and evaluations and it too needs to be locked up but is for management's use and employees stay out of it unless there is something they need a copy of because managment referred to it or whatever. It makes sense because you have two different issues going on here and the two file system is an answer.