Employee Access to Personnel Records Q&A
Find out when you have to give your employees access to their personnel files. Even if you are not required to provide access by law, you may find it good practice to do so. Q: Do we have to allow our employees (current and former) to look at and copy their employment records?
A: Personnel records are the property of the employer. Therefore, you generally have discretion over whether to give employees access to their personnel files, unless a state law, court, or other government agency requires access. Federal law does not require you to give employees access.
However, many organizations, as a good will gesture, allow current employees to see and even copy their records. This openness usually reduces employee mistrust and concern about the information in their files. If your files contain only objective and job-related information, their contents should not surprise the employee or unnecessarily create the basis for a legal claim.
Approximately 20 states (including California, Illinois, and Michigan) require you to give employees, and sometimes former employees, access to their records. These state laws generally allow a limited number of inspections per year. Typically, some files, like records pertaining to future promotion, third-party references, criminal investigations, and other sensitive information, may be excluded from inspection. In addition, these laws usually allow you to require written requests for access to the files. Some states also give employees the right to copy their records.
In addition to allowing current employees access, a few states give former employees the right to inspect their files. For example, in Illinois, former employees can review and copy their file for up to a year after termination. Still, many employers are concerned that the information may be used to support a legal claim against them and so prefer to deny access to former employees. Most employment law experts, also concerned about the indiscriminate release of information, advise against giving former employees access unless required by law.
Employees or former employees who sue their employer can usually get their personnel records, and even other employees' files, in the normal legal discovery process. For example, if a former employee files a discrimination claim in federal court, the court can order the employer to turn over all files related to the former employee and any similarly situated employees.
So, in establishing your records access policy, you need to address both your internal corporate operating philosophy and local legal requirements. But in doing so, remember that even if you limit access, you may still be compelled to disclose the information in a legal proceeding.
Learn more about employee privacy.
A: Personnel records are the property of the employer. Therefore, you generally have discretion over whether to give employees access to their personnel files, unless a state law, court, or other government agency requires access. Federal law does not require you to give employees access.
However, many organizations, as a good will gesture, allow current employees to see and even copy their records. This openness usually reduces employee mistrust and concern about the information in their files. If your files contain only objective and job-related information, their contents should not surprise the employee or unnecessarily create the basis for a legal claim.
Approximately 20 states (including California, Illinois, and Michigan) require you to give employees, and sometimes former employees, access to their records. These state laws generally allow a limited number of inspections per year. Typically, some files, like records pertaining to future promotion, third-party references, criminal investigations, and other sensitive information, may be excluded from inspection. In addition, these laws usually allow you to require written requests for access to the files. Some states also give employees the right to copy their records.
In addition to allowing current employees access, a few states give former employees the right to inspect their files. For example, in Illinois, former employees can review and copy their file for up to a year after termination. Still, many employers are concerned that the information may be used to support a legal claim against them and so prefer to deny access to former employees. Most employment law experts, also concerned about the indiscriminate release of information, advise against giving former employees access unless required by law.
Employees or former employees who sue their employer can usually get their personnel records, and even other employees' files, in the normal legal discovery process. For example, if a former employee files a discrimination claim in federal court, the court can order the employer to turn over all files related to the former employee and any similarly situated employees.
So, in establishing your records access policy, you need to address both your internal corporate operating philosophy and local legal requirements. But in doing so, remember that even if you limit access, you may still be compelled to disclose the information in a legal proceeding.
Learn more about employee privacy.
Labels: employee privacy, employee privacy law, employee rights, personnel records
posted by e-Learning Place at 1:46 PM
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