Copying records: Employer may charge a fee reasonably related to cost of supplying copies. Employee's right to insert rebuttal: If employee disagrees with any of the information in personnel record and cannot reach an agreement with the employer to remove or correct it, employee may submit an explanatory written statement along with supporting evidence.
Statement must be maintained as part of personnel file. Employee access to records: Within 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional compensation, termination, or other disciplinary action.
Conditions for viewing records: Employee may view records at worksite or place of work assignment. Copying records: Within 45 days after receipt of request, employer must provide a certified copy of requested record to current or former employee if request made within 60 days of termination. If employee makes request more than 60 days after termination, employer shall provide a certified copy of requested records if employer has records at time of the request.
The employer may charge an amount reasonably calculated to recover actual cost of providing copy. Employee access to records: Employer must allow employee to inspect personnel record at reasonable times. Employee's agent, or employee who is laid off with reemployment rights or on leave of absence, must also be given access. Unless there is reasonable cause, employer may limit review to once a year by employee and once a year by employee's agent.
Employer may require the use of a form as well as a written indication of the parts of the record employee wants to inspect or the purpose of the inspection. For employee's agent: Employee must provide signed authorization designating agent; the authorization must be for a specific date and indicate the reason for the inspection or the parts of the record the agent is authorized to inspect.
Conditions for viewing records: Employee may view records during regular business hours at the office where records are maintained, when there is enough time for employee to complete the review. Employer may require that employees or agents view records on their own time and may also require that inspection take place on the premises and in the presence of employer's designated official.
Copying records: Employer not obligated to permit copying. Employee's right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error. Employee access to records: Employer must permit employee to inspect personnel file when given at least 7 days' advance notice excluding weekends and holidays. Employer may limit access to no more than 3 times a year. Conditions for viewing records: Employee may view records at any reasonable time other than employee's work hours.
Inspection must take place in presence of employer or employer's representative. Copying records: Employee may not make copies or remove files from place of inspection. Employer may charge a fee reasonably related to cost of supplying copies.
Employee access to records: Employee may have access to personnel records at least once a year within a reasonable time after making a request.
Employee's right to insert rebuttal: Employee may petition annually that employer review all information in employee's personnel file. If there is any irrelevant or incorrect information in the file, employer must remove it. If employee does not agree with employer's review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years after termination.
Employee access to records: Employee and former employee must be allowed to inspect personnel records within 7 working days of making request. Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise. Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance.
Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite. If this would require employee to take time off work, employer may provide another reasonable time for review. Copying records: Employee's right of inspection includes the right to make or receive copies. An employer that provides copies may charge only the actual cost of reproduction. Employee's right to insert rebuttal: If employee disagrees with any information in the personnel record and cannot come to an agreement with the employer to remove or correct it, employee may submit an explanatory written statement.
Employer must attach the statement to the disputed portion of the personnel record. Additional laws may apply. If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue.
However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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In many states, employees have the right to view, or request a copy of, their personnel files. Personnel records of government employees are public records under statutory law. Utah : Public employees have the right to examine and make copies of documents in their own personnel files upon written request. This right does not extend to documents classified as confidential under the Utah Information Practices Act.
Vermont : Public employees or designated representatives of employees are entitled to have access to all information that may be contained in their personnel files. Virginia : Public employers only. The employee may not have access to files relating to an investigation of a possible criminal offense, or records relating to an impending lawsuit.
Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy are exempt from public disclosure and copying. Wyoming : Public employers only. Public employees may have access to their personnel files, including application information, performance ratings, and scholastic achievement.
Now is as good a time as any to clean out your employees' personnel files, and purge them of any information that could be used against you in court. Here are some suggestions:. Only keep employees' last three performance appraisals on file.
If an employee's performance goes from good to bad over the course of several evaluations, you can rest assured that the employee will try to use those historic, good evaluations to challenge the legality of your discipline or discharge decisions.
For similar reasons, eliminate achievement awards, honors, community service awards, commendations, and other insignificant items after one evaluation. Keep I-9 forms separate from employees' personnel files for two reasons. First, the documents used to verify employment eligibility may reveal age and national origin information, and therefore, could be used by an employee to support a discrimination claim. Second, during an audit, the Department of Justice can require you to produce I-9 forms on three days' notice; you will spend a lot less time retrieving them if they are not mixed in with personnel file information.
Maintain a separate files for Family and Medical Leave Act requests, medical records, health insurance records, workers' compensation records, investigative consumer credit reports and discrimination complaints and investigation materials. Offer limited access to avoid violating employees' privacy rights and running afoul of state and federal privacy laws.
The HR Specialist. Tips on purging your personnel files Now is as good a time as any to clean out your employees' personnel files, and purge them of any information that could be used against you in court. Here are some suggestions: 1. Access state articles.
All rights reserved. Most employers prefer and offer to provide copies of the records rather than allowing the inspection of originals, however, you must be provided a reasonable opportunity to inspect records at your place of employment or place of work assignment if you request it.
Employers may charge a reasonable fee to recover the actual cost of providing the records. Time records must be retained for two years, and payroll records for three years. Many employers have expressed concern about automatically being required to produce time and pay records going back three years if an employee requests access to or copies of their personnel records. Nothing in ORS Clarifying what records the employee would like to inspect or obtain might narrow the number of documents to be provided.
However, if the employee requests all of the time and pay records, the statute requires them to be provided. Most employers prefer and offer to provide copies of the records rather than allowing the inspection of originals, however, an employee must be provided a reasonable opportunity to inspect records at their place of employment or place of work assignment if requested. There is no formal process to certify personnel records.
A cover letter signed by the custodian of records or the Human Resources manager certifying the copies as true and correct should be sufficient to meet this requirement. All of these documents may be reviewed by an employee upon request and may serve to show whether or not there was a valid reason for any adverse employment action, such as refusal to hire, denial of a promotion or raise, demotion, or termination.
However, if an employee was disciplined for poor attendance or for falsifying a time card, these records would most certainly qualify as personnel records under the law.
There are many other situations in which other paperwork or records may qualify, and employers should examine each file on a case by case basis. Employees may request to review their personnel file at any point during their employment, or for up to 60 days following the termination. The employer must subsequently furnish the information within 45 days of a request.
The employer may charge the employee for the cost of providing certified copies of the records.
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