How to Request Your Personnel File From a Former Employer?

What is a Personnel File?

According to Indeed, a personnel file is a comprehensive record, either digital or physical, that stores all necessary documents related to an employee’s tenure with a company. Each employee’s file contains their unique employment history and relevant job records. Standard documents are included in all personnel files, while others are specific to individual employees and their activities within the organization [1].

To maintain confidentiality and facilitate easy access, companies categorize documents distinctly. In addition to the primary personnel file, other records may be kept separately, such as medical files containing leave information and emergency contacts, payroll files with pay-related documents like timesheets and tax forms, and I-9 forms often stored together for all employees.

The human resources department usually maintains personnel files. Other managers may have access to some portions of a personnel file, but generally, the information is confidential

State and Federal Law on Personnel Files

While no federal law mandates the handling of personnel files, many states have enacted laws allowing employees to view or copy parts of their personnel records. Employers must comply with these state-specific personnel file laws.

Typically, current and former employees have the right to access evaluations, performance reviews, and documents impacting promotions, bonuses, or raises. However, access to letters of reference, test results, or investigation records concerning criminal conduct or workplace violations may be restricted. Some states permit employees to dispute incorrect information by adding a rebuttal letter to their files.

For states that do not have a law addressing the subject, there may be state administrative regulation or local ordinance that does control access to personnel records. In these states, the only way to gain access to personnel records might be to file a lawsuit against the employer for violating other employment laws.

• States without Provisions: Mississippi, Missouri, New Jersey, New Mexico, and West Virginia.
• States with Provisions for Certain Public Employees: Alabama, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Maryland, Nebraska (public school districts only), New York, North Dakota, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, and Wyoming.

In California, every current employee (or their authorized representative) has the right to inspect and receive a copy of their personnel record maintained by their employer.

Understanding Employee Rights to Access Personnel Files

According to TriNet, employee rights to access personnel files vary by state, so it’s essential to check your state’s specific laws. Employees generally have the right to view evaluations, performance reviews, and other documents influencing promotions, bonuses, or raises [2]. However, access to letters of reference, test results, or records of investigations into criminal conduct or workplace rule violations may be restricted.

A state may require employers to notify employees when negative information is placed in their personnel file. Some states go further by mandating that employers give employees a copy of the negative information when delivering the notice

The timeline for fulfilling a current or former employee’s request to access their personnel file also varies by state. For instance, California employers must allow current and former employees to inspect their personnel records within 30 days of receiving a written request. In contrast, Connecticut requires employers to provide current employees with access to their records within 7 days and former employees within 10 days.

How to Access Your Personnel File from a Former Employer

To access your personnel file from a former employer, submit a written request to the appropriate person or department. Different states have varying laws regarding personnel file access, so it’s crucial to understand your rights before making a request. Send your request to the HR department, your former supervisor, or the individual responsible for employee records at your former workplace.

Consulting a labor attorney for legal advice is advisable, as there is no federal law governing access to personnel records, and state laws can be complex. Ensure you follow any detailed processes required by state law when requesting your records.

Submitting a Written Request for Your Personnel File
A written request is generally necessary and can be submitted via email. This approach creates a paper trail, providing proof that your request was made and received.

Addressing the Request
Direct your request to the human resources department if one exists. If not, send it to your former supervisor or the person in charge of personnel files. Employers are legally obligated to respond and comply within a reasonable timeframe.

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References:
1. https://www.indeed.com/hire/c/info/personnel-files
2. https://www.trinet.com/insights/do-employees-have-the-right-to-see-their-personnel-file