The information that you collect about employees is
sensitive and few people should be allowed to see it, often
not even the employee. Just as there is no federal law about
keeping a personnel file, there are no federal laws about
who gets access to it. A number of states, however, have
passed laws that limit or otherwise regulate the employee's
access to the personnel file.
Must you allow employees access? Despite technical
ownership issues, a personnel file contains information
about an employee that could affect his or her future. That
employee frequently wants to know the information contained
in the file, whether the information is correct, and to whom
the information will be shown. We recommend that, whether or
not your business is located in a jurisdiction requiring
employee access, you allow reasonable access to personnel
files as part of a policy of treating employees with
fundamental fairness.
Which restrictions can you place on access? The
answer, in thirteen states to date, is governed by state
law, but you may want to consider the following. You can:
Here's a chart that summarizes state laws regulating
access to personnel files. Just click on your state on the
map below for a summary of which laws, if any, your state
has that regulate access to personnel files.
Can you limit the information employees can see? State
law may permit your company to limit the information to
which the employee must be given access. You may, however,
provide access to more information than the state requires.
Typically, employees must be given access to information
used by you to determine the employees' qualifications for
employment, promotion, and additional compensation, as well
as information about discipline
and terminations.
What types of information may be withheld? Some
states permit you to withhold certain types of information
from employee access, including certain medical records and
information on other employees. Other states do not address
the issue, so you may handle it as you think will best serve
your business's interest.
Can the employee copy the file? Generally, the
employee may either make a copy or request a copy of all or
part of the information found in the employee's personnel
file. In most states, you may charge the employee for the
cost of making the copies. You may also specify whether the
employee may make the copies or whether he or she may only
request a copy from you.
What if the employee disagrees with information in the
file? A few states' laws address the issue of the
procedure you should follow. Whatever state your company is
in, you should establish a policy to follow in such an
event.
Typically, when an employee disagrees with information
found in the employee's personnel file, removal or
correction of the information may be agreed upon by you and
the employee. If you cannot agree upon the removal or
correction, the employee should be permitted to submit a
written statement explaining his or her position. The
statement becomes a permanent part of the employee's
personnel file and must accompany any transmittal or
disclosure from that file to anyone else who's allowed to
see it.
Who else can see the file? Only other supervisors
or managers — if there are any — in the business may be
allowed access to files on a need-to-know basis only.
If a lawsuit is brought against your business, you have
the option of protecting the privacy interests of other
employees by refusing to turn over personnel file
information requested in the suit until forced by a
subpoena. Even then, you should insist that the order be as
narrow as possible and that any information sought should
relate directly to the allegations in the suit.
If the government audits you for certain recordkeeping
requirements, and the records are in personnel files, then
they get the whole file, unless you take out the pieces they
want individually.
this is it