Employee Personnel Files
What is a Fired Employee Entitled to?
A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive?
In Wisconsin, current and former employees have a statutory right to view and copy their personnel records. Below are answers to some common questions regarding what rights a former employee has to their personnel file.
What types of personnel records must be provided?
In Wisconsin, every employer must allow a former employee to inspect any personnel documents that were used in determining the employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records. An employee may request all or part of their records.
What personnel records is a former employee NOT entitled to receive?
An employer is not required to provide for inspection or copy any of the following documents in a personnel file:
- Records relating to the investigation of possible criminal offenses committed by the former employee;
- Letters of reference;
- Any portion of a test document, except that the former employee 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 the former employee 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 the former employee that may be discovered in a judicial proceeding.
How many times can the former employee request documents and how long does an employer have to respond?
Requests by former employees for personnel file documents are limited to two times per year, unless an applicable collective bargaining agreement says otherwise. Employers may require that these requests be in writing.
Employers have seven business days to provide a former employee the opportunity to inspect a personnel record. An inspection must take place at a location reasonably near the place of employment and occur during normal working hours. If an inspection is not possible during normal working hours, then the employer may provide another reasonable time for inspection. An employee’s right to inspect records includes the right to copy or receive copies of the records.
Can an employer charge the former employee for copies?
Yes. An employer may charge a reasonable fee for providing copies, which may not exceed the actual cost of making the copies.
Can anyone other than the former employee view and inspect the records?
If a grievance exists between the employer and former employee, then the former employee may authorize, in writing, a union representative, or any other designated person, to inspect records that may have a bearing on the resolution of the grievance on the former employee’s behalf.
What if the former employee does not agree with something in their file?
Wisconsin law allows a former employee the right to seek a correction of the file if they disagree with statements contained in the personnel file. A former employee can request the removal or correction of a document. If the employer and former employee do not agree on the correction, then the former employee may submit a written statement explaining their position and the employer is required to attach the statement to the disputed portion of the personnel record. The employer must also include the written statement whenever the disputed portion of the personnel record is released to a third party.
This article, slightly modified to note recent updates, was featured online in the Wisconsin Employment Law Letter and published by BLR®—Business & Legal Resources. Reproduced here with the permission of BLR®—Business & Legal Resources.
