What to do when employees request their personnel records

You receive a letter from a recently terminated employee requesting “everything” in their personnel file. Wisconsin law gives current and former employees the right to inspect certain personnel records, but that right isn’t unlimited. Knowing what to disclose, what to withhold, and how to respond helps employers comply with the law and prepare for what may follow.

Responding to a records request

Under Wisconsin law, you must allow current and former employees to inspect personnel documents used to determine their qualifications for employment, promotion, additional compensation, termination, or other disciplinary action. The employee’s right to inspect also extends to medical records you maintain, subject to certain exceptions. You may require written requests and must grant at least two requests per calendar year, unless a collective bargaining agreement provides otherwise. An employee with a current grievance against an employer may designate in writing a union representative or another representative to inspect personnel records that may bear on the resolution of the grievance.