Know what’s required when employees ask to see their personnel file

Q           What are the guidelines for when employees, current or former, request a copy of their personnel file, and what files are required to be provided upon request?

When it comes to an employee’s or former employee’s request for their own personnel files, employers must be aware of applicable state and local law. Some states—including Idaho, Montana, New Mexico, Utah, and Wyoming—don’t have any state or regulatory provisions that apply to private-sector employment (though there may be specific regulations related to public-sector employers). You should be mindful of any company policies or procedures governing access to personnel files—which should comply with any applicable laws—and must apply those policies and procedures consistently.

Other states have specific rules governing current and former employee access to personnel files. For example, under Colorado law, you must allow a current employee to inspect and obtain a copy of his or her personnel file at least annually, upon the employee’s request. However, you can require that the review occur at your office at a time that is convenient for both you and the current employee.

After the employment relationship terminates, a former employee may make only one inspection of his or her personnel file.

For both current and former employees, you can require that they access the personnel file only in the presence of certain employees you designated. You can also require them to cover the reasonable cost of copying the personnel file.