Copy of Personnel File

WITracy · April 2003

I have an employee who recently termed and is now asking for a copy of her personnel file. She states her lawyer has informed her she has a right to a full copy within 7 business days. I have not had anyone request this before and am not sure if I am required to provide a copy simply because she asks. Does anyone know if I have to do this? I am in Wisconsin. Thanks.

AprilShowers · April 2003

Do you have a written policy on employee access to his/her personnel file? Ours states that an employee may not make copies of any part of their file, but they may read through it with the presence of their manager and may take notes if they wish.
It is my understanding that the personnel file is company property and the employee has a right to examine it, but not remove any of its contents.
What has the lawyer said to you? Have you received any written requests from the laywer for this information?

Yahoo · April 2003

Once someone becomes an "ex-employee," we do not allow them to view or to have copies of the file without a subpoena. We've only received a subpoena once or twice to the dozens & dozens of times ex-employees have requested access. Might want to check WI state law, but I think you're probably fine to refuse.

Leslie · April 2003

We allow it with a signed release form. Tell you what - it keeps us on our toes making sure there is nothing in personnel files that shouldn't be!

Hunter1 · April 2003

WITracy: Go to [url]www.legis.state.wi.us/../rsb/stats.html[/url] and type in 103.13 which will take you to the statute concerning personnel records. The short answer is: yes, the former employee has a right to see their file (some exceptions) within 7 days, and to make copies at a reasonable cost. Note, especially, the exception with regard to pending claims and the records which may be discovered in a judicial proceeding.

LindaS · April 2003

Tracy -

I always request a written request for the copy of the information. As you know from Hunter1's post, you have to provide the information to then within 7 days.

jude · April 2003

Hi Tracy, I am located in Wisconsin too. My employer is a member of the MRA Human Resource Association out of Waukesha. They publish an annual Employment Law manual. There is a section on Employee Access to Personnel Files. I would be glad to fax it to you if you would like to give me your fax number. I also have the Wisconsin Statutes on Employment Regulations which discusses records open to employees.

Ruskanen · April 2003

If you are confident about what you put in a personnel file, a lawyer may look at it, see your documentation, and decide they don't have a case against the company.

Copy of Personnel File

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