Personnel File - how long to show?

dmartenson · January 2005

Is there a hard and fast law/rule somewhere on the length of time an employer can set before granting an employee's request to look at their personnel file? Is one week allowed?

Thanks in advance for your responses.

Dasher · January 2005

Not that I have ever heard of, but you would want to be reasonable. I usually base it on my schedule as I need to review it first to be sure info not for employee's eyes is removed,and of course I remain with the person as they view the file.

Down_the_Middle · January 2005

Many states have reg's on what you are prohibited from doing, but I know of no such rule for permitting the employee to review their file at anytime in accordance with reasonable rules established by the employer...... Restricting an employee from reviewing their personnel file, is in my opinion, not worth the aggravation is causes. An individual can certainly review their own credit history or soc sec earnings history....I don't see a big difference.

System · January 2005

Dasher, it's true MD has no mandates in reference to employees viewing their own files. I ask the EE to request it in writing, we make an appointment while I look at my calendar and schedule a maximum of one hour. I ask the EE what they may be looking for. If they're looking for a specific document, I'll make sure it's there and readily available to them. If they simply want to look just to see what's in there, that's okay too. I too, stay with the file.

You have more legal background than I do. I thought there could be nothing put in the file without the EE's knowledge. Am I wrong?

Don D · January 2005

Although that may be touted as good practice in some seminars and among some HR professionals for various reasons, I have never know it to be a state law.

Dasher · January 2005

I often remove reference checks and/or background check information from files before turning them over to the employee. (We state that our reference checks are confidential when we get them so they are not for the employee's eyes).

pork1 · January 2005

Refer to your employee handbook, if nothing is there then realize the employee is entitled to review their personnel file and you should accomodate their request, as soon as possible, within reason.

PORK

Hunter1 · January 2005

Check your state law, in WI, the request must be granted within 7 working days. I always thought that was a long time.

dmartenson · January 2005

Well - upon further research Minnesota statute states 7 working days upon written request. Thanks to all of you for your kind responses. I too think 7 days is kinda a stretch. Ours is not to wonder why....

Don D · January 2005

Many states have statutes allowing employees access to their own personnel records, but Mississippi does not. There is no Federal law requiring this either. Unless you have a state law in this regard it is up to the company to set the guidelines regarding viewing, copying, who will be present, when it will occur, where it will occur and in fact IF it will occur.

Personnel File - how long to show?

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