Personnel information file

The employee personnel file is the main employee file that contains the history of the employment relationship from the employment application through an exit interview and employment termination documentation. In some companies, access to the file is restricted to the HR staff. In these organizations, supervisors or managers keep their own management file that includes documents they might need to access such as copies of prior performance appraisals. The requirements vary from state to state, not to mention, internationally, about who has access to the employee's personnel file.

In some states, employees have the right to access and even get copies of the information in the personnel file. In others, access is more narrow. The requirements also vary about what the employee can access. Know the rules in the jurisdiction in which you employ people to stay in compliance with your legal requirements.

Generally, you will not want to keep documents in the employee personnel file that the employee does not reasonably have the right to access. You may consider keeping all documents related to background checking, references, interview checklists, and ratings in a separate file that is created to house all of the documents related to a particular recruitment and hiring event. The employee personnel file is generally stored in a locked, fire-proof file cabinet in a locked location that is accessible to the Human Resources staff.

The confidentiality of the employee information in the personnel file is of paramount importance. Of all the company-kept employee files, the employee personnel file is most frequently accessed day-to-day for information by the employer, supervisor, or Human Resources staff. Jennifer has over 20 years of writing and content experience, working with small businesses and Fortune companies. For over a decade, Jennifer worked as an HR Generalist, providing expertise in accounting, payroll, and HR by implementing payroll and benefits best practices and creating onboarding and employee-relations documentation.

Sign up to receive more well-researched small business articles and topics in your inbox, personalized for you. Fit Small Business content and reviews are editorially independent. We may make money when you click on links to our partners. Learn More. Published December 17, Table of Contents. Visit Rippling Download our free checklists to help you understand what employment records to store; they can be edited to add documents specific to your company.

Federal Law State Laws Federal labor laws apply to all employers covered by federal anti-discrimination laws, which is typically any employer with 15 or more full-time employees. If an employee is fired, their personnel records must be retained for one year from the date of termination. Additionally, employers must keep on file any employee benefit plan such as pension and insurance plans and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.

Also, employers must keep for at least two years all records that explain the basis for paying different wages to employees of all genders in the same establishment including pay rates, performance reviews, seniority and merit systems, and collective bargaining agreements. Right to View States The following states allow employees to see some or all of the documents in their personnel folder; many states are quite specific about what exactly employees are allowed to view.

Jennifer Hartman Jennifer has over 20 years of writing and content experience, working with small businesses and Fortune companies. Sign up to receive more well-researched human resources articles and topics in your inbox, personalized for you.

This email address is invalid. Only if you want to get insider advice and tips. Download Now or. Send this to yourself and subscribe to receive more of our expert-written articles, personalized to you. Was this article helpful? Yes No. Copying records: Employer must provide copy free of charge.

Current employee must first review record and then submit written request for copies. Former employee must submit written request; providing former employee with a copy fulfills employer's obligation to allow access to records. Employee's right to insert rebuttal: If employee disputes specific information in the personnel record and cannot reach an agreement with employer to remove or revise it, employee may submit a written statement identifying the disputed information and explaining his or her position.

Statement may be no longer than 5 pages and must be kept with personnel record as long as it is maintained. Employee access to records: An employee or former employee who has worked at least 60 days must be given a reasonable opportunity to inspect personnel records.

A former employee must be given access within 60 days of termination. Conditions for viewing records: Employee may view records during employer's normal business hours. Copying records: Employer must provide a copy of the file to current employees and to former employees who make a request within 60 days of termination.

Employer may charge only actual cost of providing access and copies. Employee's right to insert rebuttal: Employee may submit a reasonable written explanation in direct response to any entry in personnel record. Statement must be of reasonable length; employer may specify the format; employer must maintain statement in personnel records. Employee access to records: Employer must provide employees a reasonable opportunity to inspect records.

Copying records: Employer may charge a fee reasonably related to cost of supplying copies. Employee's right to insert rebuttal: If employee disagrees with any of the information in personnel record and cannot reach an agreement with the employer to remove or correct it, employee may submit an explanatory written statement along with supporting evidence.

Statement must be maintained as part of personnel file. Employee access to records: Within 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional compensation, termination, or other disciplinary action.

Conditions for viewing records: Employee may view records at worksite or place of work assignment. Copying records: Within 45 days after receipt of request, employer must provide a certified copy of requested record to current or former employee if request made within 60 days of termination.

If employee makes request more than 60 days after termination, employer shall provide a certified copy of requested records if employer has records at time of the request. The employer may charge an amount reasonably calculated to recover actual cost of providing copy.

Employee access 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 leave 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's agent. Employer may require the use of a form as well as a written indication of the parts of the record employee wants to inspect or the purpose of the inspection.

For employee's agent: Employee must provide signed authorization designating agent; the authorization must be for a specific date and indicate the reason for the inspection or the parts of the record the agent is authorized to inspect. Conditions 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 require that inspection take place on the premises and in the presence of employer's designated official.

Copying records: Employer not obligated to permit copying. Employee's right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error.

Employee access to records: Employer must permit 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. Conditions for viewing records: Employee may view records at any reasonable time other than employee's work hours. Inspection must take place in presence of employer or employer's representative.

Copying records: Employee may not make copies or remove files from place of inspection. Employer may charge a fee reasonably related to cost of supplying copies. Employee access to records: Employee may have access to personnel records at least once a year within a reasonable time after making a request. Employee's right to insert rebuttal: Employee may petition annually that employer review all information in employee's personnel file.

If there is any irrelevant or incorrect information in the file, employer must remove it. If employee does not agree with employer's review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years after termination.

Employee access to records: Employee and former employee must be allowed to inspect personnel records within 7 working days of making request. Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise. Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance.

Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite. If this would require employee to take time off work, employer may provide another reasonable time for review. Copying records: Employee's right of inspection includes the right to make or receive copies. An employer that provides copies may charge only the actual cost of reproduction.

Employee's right to insert rebuttal: If employee disagrees with any information in the personnel record and cannot come to an agreement with the employer to remove or correct it, employee may submit an explanatory written statement.

Looking for guidelines about content that should never be included in an employee personnel file? Here are my best recommendations about the content that you want to maintain either in a separate, informal location or not retain at all. Retention of unneeded and purely opinionated documentation can hurt you.

Do you know what documentation is? The word, documentation, crops up frequently in the world of employment and Human Resources. But, the meaning of documentation and why you might want to document particular employment events is thoroughly covered in this article, " The Importance of Documentation in Human Resources. Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. Please seek legal assistance , or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location.

This information is for guidance, ideas, and assistance. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance. Select basic ads. Create a personalised ads profile.