Where to File a Review About an Emplyer
In many states, employees have the correct to view, or request a copy of, their personnel files.
Your employer is required past law to document certain information virtually y'all, including your wages and hours, workplace injuries and illnesses, and tax withholding, besides equally records of accrued vacation and other benefits. That data is usually gathered in one identify: your personnel file.
What's in a Personnel File?
A personnel file often contains only information provided past the employee (such every bit contact information) and documents employees accept seen in the course of their employment (such as performance evaluations).
Sometimes, all the same, personnel files hold other items that employees may never have seen, such as references from previous employers, comments from customers or clients, write-ups of coaching or disciplinary meetings, or memos of direction's observations virtually an employee'due south behavior or productivity. When employment disputes develop, or an employee is demoted, transferred, or fired, the personnel file often provides essential data about why problems arose.
The best way to discover out what your current or former employer knows about you, or what information might be passed on to potential employers, is to become a copy of your personnel file. Your personnel file tin also become important evidence in a lawsuit against your employer for discrimination, wage violations, or wrongful termination.
What Are the State Laws on Personnel Records?
While at that place is no federal constabulary governing personnel files, many states have passed laws granting employees the right to view or copy at least some of the contents of their personnel records. For example, employees typically accept the right to meet evaluations, performance reviews, and other documents that determine a promotion, bonus, or raise. Nevertheless, they might not have the correct to view messages of reference from former employers, test results, or records of an investigation into criminal conduct or violation of workplace rules. Some states even allow employees to claiming information in their files, for example, past including a letter (called a "rebuttal") in the personnel file disputing inaccurate data.
Below, you'll find information on state laws that authorize admission to personnel files. If your state isn't included, it does not accept a law addressing the subject. In these states, the only manner to gain access to personnel records might exist to file a lawsuit against the employer for violating other employment laws. For example, if yous believe you have been discriminated against, you tin file a lawsuit against your employer and request your personnel file through a legal process called "discovery." A lawyer can aid you determine the best way to proceed.
Other land laws might address an employee'due south correct to access their payroll records, records of exposure to hazardous substances, and other employment-related documents. All the same, these laws are not included in this nautical chart. Talk to a local employment lawyer if you demand access to very specific employment documents.
Alaska | California | Colorado | Connecticut | Delaware | Illinois | Iowa | Maine | Massachusetts | Michigan | Minnesota | Nevada | New Hampshire | Oregon | Pennsylvania | Rhode Island | Washington | Wisconsin
Alaska
Alaska Stat. § 23.ten.430
Employers affected: All.
Employee admission to records: Employee or onetime employee may view and re-create personnel files.
Conditions for viewing records: Employee may view records during regular business hours under reasonable rules.
Copying records: Employee pays (if employer and so requests).
California
Cal. Lab. Code §§ 1198.5; 432
Employers affected: All employers subject to wage and hour laws.
Employee access to records: Employee or former employee has right to inspect personnel records relating to performance or to a grievance proceeding, within xxx days of making a written asking for records. Employer may redact the names of any nonmanagerial employees. Employer need not comply with more than than one request per year from a old employee. If employee files a lawsuit against employer that relates to a personnel matter, the right to review personnel records ceases while the suit is pending.
Written asking required: Yes. If employee makes an oral asking, the employer must supply a grade to make a written request.
Atmospheric condition for viewing records: Employee may view personnel file at reasonable times, during break or nonwork hours. If records are kept offsite or employer does not make them bachelor at the workplace, and then employee must be allowed to view them at the storage location without loss of pay. If onetime employee was terminated for reasons relating to harassment or workplace violence, employer may provide copy of records or make them available offsite.
Copying records: Employee or erstwhile employee likewise has a right to a copy of personnel records, at the employee's toll, within thirty days of making a written request.
Colorado
Colo. Rev. Stat. Ann. § 8-two-129
Employers affected: All.
Employee access to records: Upon asking, current employee may inspect personnel file at least once per year. Former employee may audit personnel file once after termination of employment.
Conditions for viewing records: Employer must make personnel file available at its identify of business at a fourth dimension convenient to employee and employer. Employer may have a designated representative present at the time of inspection.
Copying records: Employee or one-time employee may request a copy of the personnel file. Employer can require the employee to pay reasonable copying costs.
Connecticut
Conn. Gen. Stat. Ann. §§ 31-128a to 31-128h
Employers affected: All.
Employee access to records: Employee has right to audit personnel files within 7 business days subsequently making a asking, but not more than twice a year. Quondam employee has right to inspect personnel files inside 10 business days later on making a request.
Written request required: Aye.
Conditions for viewing records: Employee may view records during regular business organization hours in a location at or near worksite. Employer may require that files be viewed in the presence of designated official.
Copying records: Employer must provide copies within vii days (current employee) or ten days (former employee) later on receiving employee'due south written asking; request must place the materials employee wants copied. Employer may charge a fee that is based on the price of supplying documents. Employee is entitled to a re-create of whatsoever disciplinary action confronting the employee within 1 business organisation mean solar day after it is imposed; employer must immediately provide terminated employee with a copy of the termination notice.
Employee's right to insert rebuttal: If employee disagrees with information in personnel file and cannot attain an agreement with employer to remove or correct it, employee may submit an explanatory written argument (a "rebuttal"). Rebuttal must be maintained as function of the file. Employer must inform employee of the correct to submit a rebuttal in evaluation, discipline, or termination paperwork.
Delaware
Del. Code Ann. tit. xix, §§ 730 to 735
Employers afflicted: All.
Employee access to records: Electric current employee, employee who is laid off with reemployment rights, or employee on go out of absence may audit personnel tape; employee's agent is not entitled to have admission to records. Unless there is reasonable cause, employer may limit access to one time a year.
Written request required: At employer's discretion. Employer may require employee to file a form and betoken either the purpose of the review or what parts of the record employee wants to inspect.
Conditions for viewing records: Records may exist viewed during employer's regular business organization hours. Employer may require that employees view files on their own fourth dimension and may also crave that files be viewed on the premises and in the presence of designated official.
Copying records: Employer is not required to let employee to copy records. Employee may take notes.
Employee'south correct to insert rebuttal: If employee disagrees with information in personnel file and cannot achieve an agreement with employer to remove or correct it, employee may submit an explanatory written argument (a "rebuttal"). Rebuttal must be maintained as function of the personnel file.
Illinois
820 Ill. Comp. Stat. §§ xl/i to twoscore/12
Employers affected: Employers with v or more employees.
Employee access to records: Current employee, or former employee terminated within the past year, is permitted to inspect records twice a year at reasonable intervals, unless a collective bargaining agreement provides otherwise. An employee involved in a electric current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect personnel records that may exist relevant to resolving the grievance. Employer must make records available inside 7 working days after employee makes the request (an employer who cannot meet the deadline may be allowed an additional vii days).
Written request required: At employer's discretion. Employer may require use of a form.
Conditions for viewing records: Records may be viewed during normal business concern hours at or almost worksite or, at employer's discretion, during nonworking hours at a different location if more user-friendly for the employee.
Copying records: Later on reviewing records, employee may become a copy. Employer may charge only actual price of duplication. If employee is unable to view files at worksite, employer, upon receipt of a written request, must mail employee a copy.
Employee's correct to insert rebuttal: If employee disagrees with any data in the personnel file and cannot reach an agreement with employer to remove or correct it, employee may submit an explanatory written statement (a "rebuttal"). Rebuttal must remain in file with no additional comment by employer.
Iowa
Iowa Code §§ 91A.2, 91B.i
Employers affected: All employers with salaried employees or commissioned salespeople.
Employee admission to records: Employee may accept access to personnel file at time agreed upon by employer and employee.
Conditions for viewing records: Employer's representative may be present.
Copying records: Employer may charge copying fee for each page that is equivalent to a commercial copying service fee.
Maine
Me. Rev. Stat. Ann. tit. 26, § 631
Employers affected: All.
Employee admission to records: Within 10 days of submitting request, employee, sometime employee, or authorized representative may view and copy personnel files.
Written asking required: Yes.
Conditions for viewing records: Employee may view records during normal business organization hours at the location where the files are kept, unless employer, at own discretion, arranges a time and place more convenient for employee. If files are in electronic or whatsoever other nonprint format, employer must provide equipment for viewing and copying.
Copying records: Employee entitled to 1 gratuitous copy of personnel file during each agenda year, including whatsoever material added to file during that year. Employee must pay for whatsoever boosted copies.
Massachusetts
Mass. Gen. Laws ch. 149, § 52C
Employers affected: All. (Employers with twenty or more than employees must maintain personnel records for three years after termination.)
Employee admission to records: Employee or former employee must take opportunity to review personnel files inside five concern days of submitting request, but not more than twice a calendar yr. (Law does not utilize to tenured or tenure-runway employees in private colleges and universities.) Employer must notify an employee within 10 days of placing in the employee's personnel tape any information to the extent that the information is, has been, or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional bounty, or the possibility that the employee volition be subject field to disciplinary activeness. (This notification does non count toward employee'due south two allotted opportunities to view personnel file.)
Written request required: Yes.
Conditions for viewing records: Employee may view records at workplace during normal concern hours.
Copying records: Employee must exist given a re-create of record inside 5 concern days of submitting a written asking.
Employee's right to insert rebuttal: If employee disagrees with any information in personnel record and cannot reach an agreement with employer to remove or right information technology, employee may submit an explanatory written statement (a "rebuttal"). Rebuttal becomes a function of the personnel file.
Michigan
Mich. Comp. Laws §§ 423.501 to 423.505
Employers afflicted: Employers with 4 or more than employees.
Employee access to records: Current or former employee is entitled to review personnel records at reasonable intervals, generally not more than twice a year, unless a commonage bargaining agreement provides otherwise.
Written request required: Yes. Request must depict the tape employee wants to review.
Conditions for viewing records: Employee may view records during normal part hours either at or reasonably near the worksite. If these hours would require employee to take time off work, employer must provide another reasonable time for review.
Copying records: After reviewing files, employee may get a copy; employer may accuse simply actual cost of duplication. If employee is unable to view files at the worksite, employer, upon receipt of a written asking, must mail employee a copy.
Employee'southward correct to insert rebuttal: If employee disagrees with whatever information in personnel record and cannot attain an agreement with employer to remove or correct it, employee may submit a written argument explaining his or her position. Statement may exist no longer than 5 viii.5" past 11" pages.
Minnesota
Minn. Stat. Ann. §§ 181.960 to 181.966
Employers afflicted: 20 or more employees.
Employee access to records: Current employee may review files in one case per 6-month period; former employee may take access to records in one case merely during the first year after termination. Employer must comply with written asking within 7 working days (14 working days if personnel records kept out of country). Employer may not retaliate against an employee who asserts rights under these laws.
Written request required: Yes.
Atmospheric condition for viewing records: Electric current employee may view records during employer'southward normal business hours at worksite or a nearby location; does not accept to take place during employee's working hours. Employer or employer'south representative may be present.
Copying records: Employer must provide re-create complimentary of charge. Electric current employee must start review record and then submit written request for copies. Former employee must submit written request; providing sometime employee with a re-create fulfills employer'south obligation to allow access to records.
Employee's right to insert rebuttal: If employee disputes specific information in the personnel record and cannot reach an agreement with employer to remove or revise information technology, employee may submit a written argument identifying the disputed data and explaining his or her position. Statement may be no longer than v pages and must be kept with personnel record as long as it is maintained.
Nevada
Nev. Rev. Stat. Ann. § 613.075
Employers afflicted: All.
Employee access to records: An employee or former employee who has worked at least 60 days must exist given a reasonable opportunity to audit personnel records. A former employee must be given access within threescore days of termination.
Weather condition for viewing records: Employee may view records during employer's normal business hours.
Copying records: Employer must provide a copy of the file to current employees and to quondam employees who make a request within 60 days of termination. Employer may accuse merely actual cost of providing access and copies.
Employee's correct to insert rebuttal: Employee may submit a reasonable written caption in direct response to any entry in personnel record. Statement must be of reasonable length; employer may specify the format; employer must maintain statement in personnel records.
New Hampshire
Northward.H. Rev. Stat. Ann. § 275:56
Employers afflicted: All.
Employee access to records: Employer must provide employees a reasonable opportunity to inspect records.
Copying records: Employer may accuse a fee reasonably related to price 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 forth with supporting bear witness. Statement must be maintained every bit function of personnel file.
Oregon
Or. Rev. Stat. § 652.750
Employers affected: All.
Employee access to records: Inside 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to decide qualifications for employment, promotion, or additional compensation, termination, or other disciplinary activeness.
Weather condition for viewing records: Employee may view records at worksite or place of work assignment.
Copying records: Within 45 days after receipt of asking, employer must provide a certified copy of requested tape to electric current or former employee (if request fabricated within 60 days of termination). If employee makes asking more than than lx 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.
Pennsylvania
43 Pa. Cons. Stat. Ann. §§ 1321 to 1324
Employers affected: All.
Employee access to records: Employer must allow employee to inspect personnel record at reasonable times. (Employee'south agent, or employee who is laid off with reemployment rights or on leave of absenteeism, must also be given access.) Unless at that place is reasonable cause, employer may limit review to once a year by employee and once a year by employee'south amanuensis.
Written request required: At employer'southward discretion. 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 authority designating agent; the say-so must be for a specific date and betoken the reason for the inspection or the parts of the record the agent is authorized to audit.
Conditions for viewing records: Employee may view records during regular business hours at the role where records are maintained, when at that place is enough time for employee to complete the review. Employer may require that employees or agents view records on their ain 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 may take notes.
Employee'southward right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may let employee to place a counterstatement in the personnel file, if employee claims that the file contains an fault.
Rhode Isle
R.I. Gen. Laws § 28-6.four-ane
Employers afflicted: All.
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.
Written request required: Yes.
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 brand copies or remove files from place of inspection. Employer may charge a fee reasonably related to cost of supplying copies.
Washington
Wash. Rev. Code Ann. §§ 49.12.240 to 49.12.260
Employers affected: All.
Employee access to records: Employee may accept access to personnel records at least once a yr within a reasonable time after making a asking.
Employee'due south right to insert rebuttal: Employee may petition annually that employer review all data in employee'due south personnel file. If at that place is any irrelevant or incorrect information in the file, employer must remove it. If employee does not concur with employer'due south review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years afterward termination.
Wisconsin
Wis. Stat. Ann. § 103.thirteen
Employers afflicted: All employers who maintain personnel records.
Employee access to records: Employee and old employee must be allowed to inspect personnel records inside 7 working days of making request. Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise. Employee involved in a electric current grievance may designate a representative of the wedlock or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance.
Written request required: At employer's discretion.
Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite. If this would crave employee to take fourth dimension off work, employer may provide some other reasonable fourth dimension for review.
Copying records: Employee's right of inspection includes the right to brand or receive copies. An employer that provides copies may charge just the actual toll of reproduction.
Employee's right to insert rebuttal:If employee disagrees with whatsoever information in the personnel tape and cannot come to an understanding with the employer to remove or right it, employee may submit an explanatory written statement. Employer must adhere the statement to the disputed portion of the personnel record.
Circumspection
Additional laws may apply. If the nautical chart to a higher place indicates that your state has no statute, this means there is no law that specifically addresses the issue. Notwithstanding, there may be a land administrative regulation or local ordinance that does control admission to personnel records. Call your state labor department for more information.
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