Access personnel file

Montana : State employees must have access to all their employee personnel records, and may file a written response to information contained in their employee personnel records. These employee responses must become a part of the record. Nebraska : Public school districts only. Teachers, administrators, or full-time employees of any public school may make a written request to inspect their own personnel files.

Job application materials submitted by applicants, other than finalists, who have applied for employment by any public body, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records. Finalist means any applicant who: reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; is an original applicant when the final pool of applicants numbers less than four; or is an original applicant and there are four or fewer original applicants.

Employees are allowed to inspect files containing information used by the employer to determine the employment qualifications of that employee, as well as any disciplinary action taken against the employee, including termination.

Employers may not keep secret records of employment. The records to which employees have access do not include confidential reports from previous employers or investigative agencies, or information concerning an investigation, arrest, or a conviction of that employee for a violation of the law.

New Hampshire : Employers must provide employees a reasonable opportunity to inspect personnel files. Employers are not required to disclose information in the personnel file of a requesting employee who is the subject of an investigation at the time of request if disclosure of such information would prejudice law enforcement, or information relating to a government security investigation. New York : Public employers only.

A public officer is entitled to access records pertaining to that officer, provided reasonable proof of identity is presented. North Carolina : Employees and former employees have a right to access personnel records indicating their exposure to toxic materials or harmful physical agents.

Public employees are entitled to examine their own personnel files, except reference letters and certain medical information. The state has also enacted a law that imposes penalties for breaching the confidentiality of school employee personnel files. North Dakota : Public employers only. Employees may obtain records from the employer, a physician, a health care provider, or a laboratory with a written request. Personnel records do not include: records relating to the conviction, arrest, or investigation of conduct constituting a violation of criminal laws; confidential reports from previous employers; or records maintained in compliance with the law dealing with access to personnel records from institutions of higher education.

Personnel records must be presented for inspection or provided to the employee certified copy within 45 days of request. However, employers and employees are allowed to agree to an extension of time for copying and inspection. Employees have access to files pertaining to qualifications for employment, promotion, additional compensation, termination, or disciplinary action.

Access to the following records is not required: records relating to the investigation of a possible criminal offense; letters of reference; documents being developed or prepared for use in civil, criminal, or grievance procedures; medical records; materials used by the employer to plan future operations; or information available to an employee under the Fair Credit Reporting Act.

Access to personnel files does not apply to records relating to: the investigation of a possible criminal offense or records prepared for use in civil, criminal, or grievance proceedings; any letters of reference; recommendations; managerial records kept or used only by the employer; confidential reports from previous employers; and managerial planning records.

Employer may redact the names of any nonmanagerial employees. Employer need not comply with more than one request per year from a former 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: Yes. If employee makes an oral request, the employer must supply a form to make 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 former 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 former employee also has a right to a copy of personnel records, at the employee's cost, within 30 days of making a written request. Employee access to records: Upon request, current employee may inspect personnel file at least once per year.

Former employee may inspect personnel file once after termination of employment. Conditions for viewing records: Employer must make personnel file available at its place of business at a time convenient to employee and employer.

Employer may have a designated representative present at the time of inspection. Copying records: Employee or former employee may request a copy of the personnel file. Employer can require the employee to pay reasonable copying costs.

Employee access to records: Employee has right to inspect personnel files within 7 business days after making a request, but not more than twice a year.

Former employee has right to inspect personnel files within 10 business days after making a request. Conditions for viewing records: Employee may view records during regular business hours in a location at or near worksite. Employer may require that files be viewed in the presence of designated official. Employer may charge a fee that is based on the cost of supplying documents. Employee is entitled to a copy of any disciplinary action against the employee within 1 business 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 reach an agreement with employer to remove or correct it, employee may submit an explanatory written statement 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. Employee access to records: Current employee, employee who is laid off with reemployment rights, or employee on leave of absence may inspect personnel record; employee's agent is not entitled to have access to records.

Unless there is reasonable cause, employer may limit access to once a year. Written request required: At employer's discretion. Employer may require employee to file a form and indicate either the purpose of the review or what parts of the record employee wants to inspect. Conditions for viewing records: Records may be viewed during employer's regular business hours. Employer 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 designated official.

Copying records: Employer is not required to permit employee to copy records. Employee may take notes. Rebuttal must be maintained as part of the personnel file. 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 current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect personnel records that may be relevant to resolving the grievance.

Employer must make records available within 7 working days after employee makes the request an employer who cannot meet the deadline may be allowed an additional 7 days. Employer may require 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: After reviewing records, employee may get 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 mail employee a copy.

Employee's right to insert rebuttal: If employee disagrees with any information 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. Employers affected: All employers with salaried employees or commissioned salespeople. Employee access to records: Employee may have access to personnel file at time agreed upon by employer and employee.

Copying records: Employer may charge copying fee for each page that is equivalent to a commercial copying service fee. Employee access to records: Within 10 days of submitting request, employee, former employee, or authorized representative may view and copy personnel files. 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 time and place more convenient for employee.

If files are in electronic or any other nonprint format, employer must provide equipment for viewing and copying. Measure ad performance. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Human Resources Management Careers. Table of Contents Expand. Table of Contents.

Types of Personnel Files. Employee Access to Personnel Files. Sample Personnel File Policy. The personnel files should be maintained in a secure location to prevent identify theft. Securing the personnel files also prevents co-workers from looking through files for confidential private information of their co-workers. The best way to secure personnel files is either under a lock and key system or through a password encrypted electronic file.

We also recommend that you keep medical information in a separate even more secure file. You should always comply with HIPAA laws and ask for an authorization from the employee before seeking medical records. Once you have the medical records you need to keep them in a file separate from the general personnel file. Medical records need to be accorded an extra level of privacy.