You can withhold some personnel file documents from employee inspection

Q         Can HR maintain confidential internal documents within an employee’s record that she cannot access?

A   This depends upon the applicable state's laws, but in Rhode Island, the answer is yes.

Rhode Island statute R.I. Gen. Laws § 28-6.4-1 generally provides employees with the right to inspect "personnel files which are used or have been used to determine that employee's qualifications for employment, promotion, additional compensation, termination, or disciplinary action." Significantly, however, the statute says it doesn’t apply to the following documents:

• Records relating to the investigation of a possible criminal offense;
• Records prepared for use in any civil, criminal, or grievance proceedings;
• Letters of reference;
• Recommendations;
• Managerial records kept or used only by the employer;
• Confidential reports from previous employers; and
• Managerial planning records.

The terms "managerial records" and "managerial planning records" are undefined, but employers can generally make a good-faith argument these exclusions (as well as the others) enable them to hold back certain confidential materials from employees' files.

Matthew H. Parker is a partner at Whelan Corrente & Flanders LLP in Providence, specializing in employment law and business litigation. He can be reached at 401-270-4500 or mparker@whelancorrente.com.