Is an Employee Intitled to a Copy of There Performance Review
In many states, employees accept the right to view, or request a re-create of, their personnel files.
Your employer is required by police to document certain information near y'all, including your wages and hours, workplace injuries and illnesses, and tax withholding, as well every bit records of accrued vacation and other benefits. That data is usually gathered in one place: your personnel file.
What's in a Personnel File?
A personnel file ofttimes contains only data provided by the employee (such as contact information) and documents employees have seen in the course of their employment (such every bit performance evaluations).
Sometimes, still, personnel files agree other items that employees may never take seen, such as references from previous employers, comments from customers or clients, write-ups of coaching or disciplinary meetings, or memos of management'due south observations almost an employee's behavior or productivity. When employment disputes develop, or an employee is demoted, transferred, or fired, the personnel file ofttimes provides essential information about why problems arose.
The all-time way to find out what your current or quondam employer knows about you, or what information might be passed on to potential employers, is to get a copy of your personnel file. Your personnel file can also get important evidence in a lawsuit against your employer for discrimination, wage violations, or wrongful termination.
What Are the State Laws on Personnel Records?
While in that location is no federal law governing personnel files, many states have passed laws granting employees the correct to view or copy at least some of the contents of their personnel records. For example, employees typically accept the right to run across evaluations, performance reviews, and other documents that determine a promotion, bonus, or heighten. All the same, they might not have the right to view letters of reference from sometime employers, examination results, or records of an investigation into criminal conduct or violation of workplace rules. Some states fifty-fifty allow employees to challenge information in their files, for instance, by including a letter (called a "rebuttal") in the personnel file disputing inaccurate data.
Beneath, you'll find information on state laws that authorize admission to personnel files. If your country isn't included, it does not have a law addressing the field of study. In these states, the but way to proceeds access to personnel records might be to file a lawsuit against the employer for violating other employment laws. For example, if you believe y'all have been discriminated against, you can file a lawsuit against your employer and request your personnel file through a legal process called "discovery." A lawyer tin can aid you determine the best way to proceed.
Other land laws might address an employee's right to access their payroll records, records of exposure to chancy substances, and other employment-related documents. However, these laws are not included in this nautical chart. Talk to a local employment lawyer if yous 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 one-time employee may view and copy personnel files.
Conditions for viewing records: Employee may view records during regular business concern hours under reasonable rules.
Copying records: Employee pays (if employer so requests).
California
Cal. Lab. Code §§ 1198.5; 432
Employers affected: All employers bailiwick to wage and hour laws.
Employee access to records: Employee or erstwhile employee has right to inspect personnel records relating to performance or to a grievance proceeding, within 30 days of making a written request for records. Employer may redact the names of whatever nonmanagerial employees. Employer need not comply with more than than one request per year from a onetime 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 request required: Yep. If employee makes an oral request, the employer must supply a form to brand a written request.
Conditions 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 available at the workplace, then employee must be allowed to view them at the storage location without loss of pay. If old employee was terminated for reasons relating to harassment or workplace violence, employer may provide copy of records or brand them available offsite.
Copying records: Employee or former employee also has a right to a copy of personnel records, at the employee'south cost, inside thirty days of making a written asking.
Colorado
Colo. Rev. Stat. Ann. § 8-2-129
Employers affected: All.
Employee access to records: Upon request, current employee may inspect personnel file at to the lowest degree once per year. Former employee may inspect personnel file once after termination of employment.
Weather condition for viewing records: Employer must brand personnel file available at its place of business concern at a time user-friendly 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 re-create of the personnel file. Employer tin 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 inspect personnel files within 7 business days later on making a request, merely non more than twice a year. Former employee has right to inspect personnel files within 10 business days after making a request.
Written request required: Yep.
Atmospheric condition for viewing records: Employee may view records during regular business hours in a location at or near worksite. Employer may require that files exist viewed in the presence of designated official.
Copying records: Employer must provide copies within 7 days (current employee) or 10 days (onetime employee) afterward receiving employee's written asking; request must identify the materials employee wants copied. Employer may charge a fee that is based on the cost of supplying documents. Employee is entitled to a copy of any disciplinary activity confronting the employee inside i business mean solar day later on 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 reach an agreement with employer to remove or correct it, employee may submit an explanatory written argument (a "rebuttal"). Rebuttal must be maintained as part of the file. Employer must inform employee of the right to submit a rebuttal in evaluation, discipline, or termination paperwork.
Delaware
Del. Code Ann. tit. nineteen, §§ 730 to 735
Employers affected: All.
Employee access to records: Current employee, employee who is laid off with reemployment rights, or employee on go out of absence may inspect personnel record; employee's agent is non entitled to have access to records. Unless there is reasonable cause, employer may limit access to once a year.
Written request required: At employer'south discretion. Employer may require employee to file a class and bespeak either the purpose of the review or what parts of the record employee wants to inspect.
Weather condition for viewing records: Records may be viewed during employer's regular concern hours. Employer may require that employees view files on their ain time and may also require that files be viewed on the premises and in the presence of designated official.
Copying records: Employer is not required to permit employee to copy records. Employee may take notes.
Employee's right to insert rebuttal: If employee disagrees with information in personnel file and cannot achieve an agreement with employer to remove or right it, employee may submit an explanatory written statement (a "rebuttal"). Rebuttal must exist maintained as function of the personnel file.
Illinois
820 Ill. Comp. Stat. §§ twoscore/1 to forty/12
Employers affected: Employers with 5 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 understanding provides otherwise. An employee involved in a electric current grievance may designate a representative of the union or collective bargaining unit, or other amanuensis, to inspect personnel records that may be relevant to resolving the grievance. Employer must brand records available within 7 working days after employee makes the request (an employer who cannot meet the borderline may be allowed an boosted 7 days).
Written request required: At employer'due south discretion. Employer may crave use of a form.
Conditions for viewing records: Records may be viewed during normal business hours at or near worksite or, at employer's discretion, during nonworking hours at a different location if more convenient for the employee.
Copying records: Later reviewing records, employee may go a copy. Employer may charge only actual cost of duplication. If employee is unable to view files at worksite, employer, upon receipt of a written request, must postal service employee a re-create.
Employee's correct to insert rebuttal: If employee disagrees with any information in the personnel file and cannot reach an understanding 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.ii, 91B.i
Employers affected: All employers with salaried employees or commissioned salespeople.
Employee access to records: Employee may have admission to personnel file at time agreed upon by employer and employee.
Weather condition for viewing records: Employer'due south representative may be nowadays.
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 access to records: Inside ten days of submitting asking, employee, former employee, or authorized representative may view and copy personnel files.
Written request required: Yes.
Conditions for viewing records: Employee may view records during normal business hours at the location where the files are kept, unless employer, at own discretion, arranges a fourth dimension 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 i free copy of personnel file during each calendar year, including any material added to file during that twelvemonth. Employee must pay for any additional copies.
Massachusetts
Mass. Gen. Laws ch. 149, § 52C
Employers afflicted: All. (Employers with twenty or more employees must maintain personnel records for 3 years afterward termination.)
Employee access to records: Employee or former employee must have opportunity to review personnel files within 5 business days of submitting request, but not more than twice a calendar yr. (Law does not apply to tenured or tenure-track employees in private colleges and universities.) Employer must notify an employee within 10 days of placing in the employee'due south personnel record any data to the extent that the data is, has been, or may be used, to negatively impact the employee's qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action. (This notification does not count toward employee'southward ii allotted opportunities to view personnel file.)
Written request required: Yes.
Conditions for viewing records: Employee may view records at workplace during normal business hours.
Copying records: Employee must be given a re-create of record within 5 business days of submitting a written request.
Employee's right to insert rebuttal: If employee disagrees with any data in personnel record and cannot reach an agreement with employer to remove or correct it, employee may submit an explanatory written statement (a "rebuttal"). Rebuttal becomes a part of the personnel file.
Michigan
Mich. Comp. Laws §§ 423.501 to 423.505
Employers affected: Employers with four or more employees.
Employee admission to records: Current or former employee is entitled to review personnel records at reasonable intervals, by and large non more than twice a year, unless a collective bargaining agreement provides otherwise.
Written request required: Yes. Request must depict the record employee wants to review.
Weather condition for viewing records: Employee may view records during normal office hours either at or reasonably near the worksite. If these hours would require employee to accept time off work, employer must provide another reasonable time for review.
Copying records: Later on reviewing files, employee may get a copy; employer may accuse only bodily price of duplication. If employee is unable to view files at the worksite, employer, upon receipt of a written request, must postal service employee a copy.
Employee's right to insert rebuttal: If employee disagrees with any information in personnel record and cannot achieve an agreement with employer to remove or correct it, employee may submit a written statement explaining his or her position. Statement may be no longer than five 8.five" by xi" pages.
Minnesota
Minn. Stat. Ann. §§ 181.960 to 181.966
Employers affected: xx or more employees.
Employee admission to records: Current employee may review files once per six-calendar month catamenia; former employee may have access to records one time but during the first year later termination. Employer must comply with written request inside 7 working days (fourteen working days if personnel records kept out of state). Employer may not retaliate against an employee who asserts rights under these laws.
Written request required: Aye.
Conditions for viewing records: Electric current employee may view records during employer's normal business organization hours at worksite or a nearby location; does not have to take place during employee's working hours. Employer or employer'due south representative may exist present.
Copying records: Employer must provide copy free of charge. Current employee must first review record and then submit written request for copies. Erstwhile employee must submit written request; providing former employee with a re-create fulfills employer'south obligation to allow access to records.
Employee'south right to insert rebuttal: If employee disputes specific data in the personnel record and cannot accomplish an agreement with employer to remove or revise it, employee may submit a written statement identifying the disputed data and explaining his or her position. Statement may be no longer than five pages and must be kept with personnel record as long equally it is maintained.
Nevada
Nev. Rev. Stat. Ann. § 613.075
Employers affected: All.
Employee admission to records: An employee or old employee who has worked at to the lowest degree 60 days must be given a reasonable opportunity to audit personnel records. A former employee must be given access within sixty days of termination.
Weather for viewing records: Employee may view records during employer'due south normal business hours.
Copying records: Employer must provide a re-create of the file to current employees and to former employees who make a request inside lx days of termination. Employer may charge only bodily price of providing admission and copies.
Employee'due south right to insert rebuttal: Employee may submit a reasonable written explanation in directly response to any entry in personnel tape. 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 affected: All.
Employee access to records: Employer must provide employees a reasonable opportunity to audit records.
Copying records: Employer may accuse a fee reasonably related to price of supplying copies.
Employee'southward right to insert rebuttal: If employee disagrees with whatsoever of the information in personnel record and cannot achieve an agreement with the employer to remove or right it, employee may submit an explanatory written statement along with supporting testify. Statement must exist maintained equally office of personnel file.
Oregon
Or. Rev. Stat. § 652.750
Employers affected: All.
Employee access to records: Inside 45 days after receipt of asking, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional bounty, termination, or other disciplinary action.
Conditions for viewing records: Employee may view records at worksite or identify of piece of work assignment.
Copying records: Within 45 days after receipt of request, employer must provide a certified copy of requested record to electric current or former employee (if request fabricated within threescore days of termination). If employee makes asking more than than 60 days later termination, employer shall provide a certified copy of requested records if employer has records at fourth dimension of the request. The employer may charge an corporeality reasonably calculated to recover bodily cost of providing copy.
Pennsylvania
43 Pa. Cons. Stat. Ann. §§ 1321 to 1324
Employers afflicted: All.
Employee admission 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 go out 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'southward amanuensis.
Written request required: At employer's discretion. Employer may require the use of a class as well as a written indication of the parts of the record employee wants to inspect or the purpose of the inspection. For employee'south amanuensis: Employee must provide signed authorization designating agent; the potency must exist for a specific engagement and point the reason for the inspection or the parts of the record the agent is authorized to inspect.
Weather condition 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 crave that inspection take identify on the bounds and in the presence of employer's designated official.
Copying records: Employer not obligated to let copying. Employee may have notes.
Employee's correct to insert rebuttal: The Bureau of Labor Standards, subsequently a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error.
Rhode Island
R.I. Gen. Laws § 28-vi.4-one
Employers affected: All.
Employee admission to records: Employer must let 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: Yep.
Weather for viewing records: Employee may view records at any reasonable fourth dimension other than employee's piece of 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. Lawmaking Ann. §§ 49.12.240 to 49.12.260
Employers affected: All.
Employee access to records: Employee may take access to personnel records at least in one case a year within a reasonable time after making a request.
Employee'due south right to insert rebuttal: Employee may petition annually that employer review all information in employee'due south personnel file. If at that place is any irrelevant or incorrect information in the file, employer must remove information technology. If employee does non agree with employer's review, employee may have a statement of rebuttal or correction placed in file. Erstwhile employee has right of rebuttal for two years after termination.
Wisconsin
Wis. Stat. Ann. § 103.13
Employers afflicted: All employers who maintain personnel records.
Employee access to records: Employee and erstwhile employee must be allowed to inspect personnel records within seven working days of making request. Access is permitted twice per calendar twelvemonth unless a collective bargaining agreement provides otherwise. Employee involved in a current grievance may designate a representative of the wedlock or collective bargaining unit, or other amanuensis, to audit records that may be relevant to resolving the grievance.
Written asking required: At employer's discretion.
Conditions for viewing records: Employee may view records during normal working hours at a location reasonably nearly the worksite. If this would crave employee to have time off work, employer may provide another reasonable time for review.
Copying records: Employee's right of inspection includes the correct to make or receive copies. An employer that provides copies may charge only the bodily cost of reproduction.
Employee's right to insert rebuttal:If employee disagrees with any information in the personnel tape and cannot come to an understanding with the employer to remove or correct it, employee may submit an explanatory written argument. Employer must attach the argument to the disputed portion of the personnel record.
CAUTION
Boosted laws may utilise. If the chart above indicates that your state has no statute, this means at that place is no law that specifically addresses the outcome. However, there may be a country administrative regulation or local ordinance that does control admission to personnel records. Call your land labor department for more data.
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