Records open to Employees

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Overview

As a past or present employee, you have the right to view and copy your personnel records at least two times each calendar year. Upon request, your employer has seven (7) working days to provide you with an opportunity to inspect the documents. Your employer may ask that you make your requests in writing.

Frequently Asked Questions

What types of records are considered personnel records?

Your right to inspect personnel documents extends to documents which are used, or which have been used, to determine qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records.

Can my employer charge for copies?

If you wish to have a copy of the records, your employer may charge a reasonable fee for providing such copies which may not exceed the actual cost of reproduction.

What exceptions are there to the requirements of the Open Personnel Records Law?

Your right to inspect (or have copies of) your personnel records does not apply to:

Records relating to the investigation of possible criminal offenses committed by you;

Letters of reference for you;

Any portion of a test document, except that you may see a cumulative total test score for either a section of the test document or for the entire document;

Materials used for staff management planning;

Information of a personal nature about a person other than you if disclosure would constitute an invasion of that other person's privacy;

Records that are not kept;

Records relevant to any other pending claim between the employer and you that may be discovered in a judicial proceeding.

How can I act to correct inaccuracies in the personnel records?

If you disagree with any information contained in your records, you and your employer may agree to correct or remove the information. If you cannot reach an agreement, you may submit a written statement explaining your position. The employer is required to attach this statement to the disputed item and release it whenever that disputed item is released to a third party.

Can someone other than me view and inspect the records?

If you are involved in a current grievance against your employer, you may have your union representative, or any other designated person, inspect records that may have a bearing on the resolution of the grievance.

For more information

Records Open to Employees