Your Employee File: Access And Copy Rights Explained

In the United States, there is no federal law that grants employees the right to inspect their personnel files. However, many states have passed laws that allow employees to view or copy at least some of the contents of their personnel records. These laws vary from state to state, and there may also be municipal laws and regulations that apply. For example, in California, current and former employees have the right to inspect their personnel records relating to performance or grievance proceedings within 30 days of making a written request. In New York, public employees are entitled to examine their personnel files, except for reference letters and certain medical information. In Alabama, public employers must supply employees with a copy of any disciplinary documentation in their file within 10 days of its inclusion. Employees may not have access to information related to criminal investigations, test scores, or confidential sources of information, among other exceptions.

Employees' rights to inspect and copy records

While there is no federal law governing personnel files, many US states have passed laws granting employees the right to view or copy at least some of the contents of their personnel records. These laws vary from state to state, and there may also be laws and regulations at a municipal level. Therefore, it is essential to check the laws for each state in which a company employs people and get up-to-date legal advice.

• Whether employees must make their requests in writing.
• How often employers are required to let employees view and copy their records.
• The conditions under which employees can view their records, including the time and place.
• Whether employees are responsible for copying costs.
• Employees' right of rebuttal to address any material in the file that they disagree with.

For example, in California, an employee or former employee has the right to inspect personnel records relating to performance or a grievance proceeding within 30 days of making a written request. Employees can copy their records but are responsible for the associated costs. In Colorado, current employees have the right to view and copy their personnel records annually, while former employees can view their personnel records once after their termination.

Conditions for viewing records

While there is no federal law 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. These laws also give the employer the right to restrict employee access to their files or limit the portions of the file viewed by employees.

• Employees may view records during regular business hours at the office where the records are maintained, when there is enough time for the employee to complete the review.
• Employers may require that employees view files on their own time and may also require that files be viewed on the premises and in the presence of a designated official.
• If records are kept off-site or the employer does not make them accessible in the workplace, employees must be allowed to view them where they are kept without loss of pay.
• Employees may not have access to information related to criminal investigations, test scores and examination materials, or information related to investigations concerning current or pending actions against the employee.
• Employees can view their records during breaks or non-work hours.
• Employers must make records available within 7 working days after an employee makes the request.
• Employees have the right to inspect files within 7 days after making a request, but not more than twice a year.
• Employers can ask employees to cover the reasonable cost of copying the records.

Copying records

In the United States, there is no federal law that grants employees the right to inspect their personnel files or requires private employers to provide employees access to their personnel files. However, many states have passed laws that grant employees the right to view or copy at least some of the contents of their personnel records. These laws vary from state to state, and there may also be laws and regulations at a municipal level. Therefore, it is important for employers to know the personnel file access laws for each state in which they employ individuals and to develop a clear policy on the issue.

Some states, like Alabama, Florida, New York, Ohio, Texas, and Wyoming, do not have personnel file laws. On the other hand, states like Alaska, California, Colorado, Connecticut, Idaho, Illinois, Massachusetts, and New Hampshire have laws that grant employees the right to view or copy their personnel records, with certain conditions and limitations. For example, in Alaska and California, employees or former employees may view and copy their personnel files, but they may be required to pay the reasonable cost of duplication. In Colorado, the state public records law requires personnel records to be made available to employees and their supervisors, and employees may also examine their graded promotion exams. In Connecticut, employers must permit employees to inspect their personnel files within a reasonable time after receiving a written request and may charge a reasonable copying fee. In New Hampshire, employers must provide employees a reasonable opportunity to inspect their personnel files, but they are not required to disclose information if it would prejudice law enforcement or relate to a government security investigation.

While the specific laws and regulations vary by state and municipality, there are some general trends and considerations regarding copying records. In most cases, employees are responsible for the cost of copying their personnel records. Additionally, employees may be required to make their requests in writing and may only be allowed to view and copy their records during regular business hours at the office where the records are maintained. Employers may also require that inspections take place on their premises and in the presence of a designated official. It is important to note that employees may not have access to certain types of information, such as criminal investigations, confidential sources, test scores, and information related to current or pending actions against the employee.

Employees' right to insert a rebuttal

In the United States, there is no federal law that grants employees the right to inspect their personnel files. However, every state has its own laws regarding employees' ability to access them. These laws also govern employees' rights to insert a rebuttal in their file.

The Bureau of Labor Standards, after a petition and hearing, may allow an employee to place a counterstatement in their personnel file if they claim that the file contains an error. Employees who file a rebuttal to a personnel record are protected against retaliation. The Massachusetts Supreme Judicial Court (SJC) held that the termination of an at-will employee for exercising their right to rebuttal under the Massachusetts Personnel Records statute is a violation of public policy.

Some states allow employees to challenge information in their files, for example, by including a letter (called a "rebuttal") in the personnel file disputing inaccurate information. For example, in Michigan, an employee will be given a copy of their personnel record within five business days of submitting a request. If they disagree with the information in the file and cannot reach an agreement with their employer to remove or correct it, they may submit an explanatory written statement.

In some states, employers are not required to permit employees to copy files, but employees may take notes on their file. In other states, employers may charge a copying fee for each page that is equivalent to a commercial copying service fee.

Who has access to information from the file

While there is no federal law 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 have the right to see evaluations, performance reviews, and other documents that determine a promotion, bonus, or raise. However, they might not have access to letters of reference from former employers, test results, or records of an investigation into criminal conduct or violation of workplace rules.

State laws may also address an employee's right to access their payroll records, records of exposure to hazardous substances, and other employment-related documents. In some states, employees may not have access to information related to criminal investigations, test scores, and examination materials, or information related to investigations concerning current or pending actions against the employee.

Within an organization, the human resources department is responsible for overseeing employee relationships, monitoring performance evaluations, and maintaining confidential information related to people within the organization. Certain staff members can have legal access to these files to ensure personal information is kept up to date, critical performance data is filed for reference in hiring decisions, and medical benefit details are in a central location. Immediate supervisors or managers of various departments can also legally access details within personnel files.

Business owners should have a company policy that designates HR as the only department with access to an employee's file. Medical files should be separate from other employee files and kept confidential.

Frequently asked questions