Information in Personnel Files

• Your personnel file should contain your employment application, training records, attendance records, payroll authorization, warning letters, documentation of disciplinary actions, commendations, wage garnishment information, performance appraisals, vacation or leave of absence records. It should NOT contain medical records; medical records must be kept in a file separate from the personnel file. Medical records are protected under the Americans with Disabilities Act (ADA) of 1990.
  
  

Access to Personnel Files

• No federal laws determine what must be included or excluded in the files other than medical records. Some employers, and a few states regulate and/or limit access to information contained in a person's personnel file, and most employers are accommodating when their employees want to view their personnel files. In states where access to personnel files are regulated by the state, some restrictions may apply, such as access frequency (usually once per year); and an agreed upon place for viewing the file. They may also require that a supervisor or some other officer of the company be present when the file is viewed.
  
  

Guaranteed Access

• States that do not guarantee access include New York, New Jersey, Florida, Alabama, Georgia and Montana. Even within those states, you may find businesses whose corporate offices which are in a state that does guarantee access. In that case, those businesses will generally follow a blanket rule allowing access.
  
  

When You Have Access

• When you do have the opportunity to review your personnel file, be sure to take a pad and pencil with you to take notes on what you find---you may have questions that might have to wait until your supervisor is available to discuss it with you; so write down any questions as soon as they come to mind. Sometimes there is erroneous information that does not belong in the file that needs to be removed. Make notes of the date and time and the nature of the items to be disputed.
  
  

Disputing Information

• If you find there is information that is erroneous in the file, talk to your human resources representative to find out what steps must be taken to get it removed. If the employer feels the information is correct, you have the option to dispute it in writing and requesting to have it placed in the file. Ask for copies of documents from the file. Some employers will cite documentation in your file as being "company" information, so if you can't get a copy, write down as much information as you need to be able to rebut questionable documents in the file. It may also be a good idea to keep a daily diary and include information on what was found in your personnel file and your comments.