Not just anyone can have access to your personnel file. Employee personnel files are considered to be private files that the employer must regulate access to. Typically, an employer will have a policy as to who is allowed access to personnel files. The individuals who are usually granted access are the employee's immediate supervisor and the human resources manager, although they may be accessed by other people in the event of a civil or criminal lawsuit.
Many states have laws that give an employee the right to see at least some of her personnel file. How much of the personnel file an employee can see will depend on that state's specific employment laws. Some states may not have many restrictions, while others may restrict access to only those documents that the employee has signed. Most states will not require employers to show employees sensitive information that might compromise another¿s privacy, such as what was written in a reference letter. Keep in mind, even when you are allowed access to your employee personnel files, your supervisor or someone else with the authority to view your file may monitor your viewing of the file to make sure you do not take anything or make any unauthorized changes to the file.
The American Disabilities Act and state laws impose strict limitations on how employee medical records can be handled. Medical records must be kept separate from non-medical records, and no information from the medical records can be disclosed except:
If you feel your employer has used your personnel file in a manner that violates state or federal law, you may want to consult an experienced employment law attorney. An employment lawyer can advise you of your rights and let know if you are entitled to monetary damages in a lawsuit against your employer.
Last Modified: 03-14-2018 12:28 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.