Finalist means any applicant who: reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; is an original applicant when the final pool of applicants numbers less than four; or is an original applicant and there are four or fewer original applicants. An employee or his/her representative must be permitted to inspect the employee’s official personnel file during normal business hours. You can inspect your personnel record up to two times per year. You Are Entitled to Correct Your Personnel Records. An employer is required to grant an employee at least 2 personnel record requests per year. North Carolina: Employees and former employees have a right to access personnel records indicating their exposure to toxic materials or harmful physical agents. Employers are allowed to charge employees a reasonable copying fee. Specifically, many employees in Florida do not even have the right to review their own personnel file. Arizona: Employers must allow an employee or his/her designated representative to inspect and copy payroll records pertaining to that employee. Offer limited access to avoid violating employees' privacy rights and running afoul of state and federal privacy laws. I am writing to request a complete copy of my employment records maintained by (employer’s name), including my medical file, pursuant to the Personnel Records Review Act (820 ILCS … Employees may not have access, however, to: 1) information related to criminal investigations; 2) information that would identify a source of information under confidentiality; 3) test scores and examination materials that would affect the test’s effectiveness or the examination process; 4) information related to investigations concerning current or pending actions against the employee; and 5) any other information required to be withheld by law. A personnel record may not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person’s privacy. Personnel files can help employers organize and preserve documented employment decisions as well as meet requirements to comply with certain recordkeeping laws. Some states require employers to meet reasonable requests, while others put access to employee files completely in the employer's hands. In addition, if files in an employee's personnel file also include private information about another employee, you may not have to show that document to your employee. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained. If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. A current employee is entitled to review their personnel record once every six months. • If I am reviewing my personnel file, I may not add, remove or revise any documents. Note: Even if your state has a law giving former employees the right to access their personnel files, no law requires an employer to send the complete file. Sec. Employers are allowed to charge employees a reasonable copying fee. An employee may not have access to employment references. An employee who wishes to review and/or obtain copies of their personnel file may do so by submitting (by mail or hand delivery) a written request for their personnel record. Legally, personnel files must be kept for at least six years and pay records seven years, and you have to make them available to: your employees, if they ask to see their own file; their union or other representative, if requested by your employee The new law goes into effect on January 1, 2017. The employee may not have access to files relating to an investigation of a possible criminal offense, or records relating to an impending lawsuit. The law requires an employer to give access to personnel records to employees and former employees upon written request. By Sue Winkler, Manager, EngageHR Published May 3, 2016. First, the documents used to verify employment eligibility may reveal age and national origin information, and therefore, could be used by an employee to support a discrimination claim. A: Most states that entitle employees to access their personnel records give the same right to former employees. Employers of 20 or more employees are required to provide written notice to a job applicant upon hire, and to an employee upon termination, of the rights and remedies provided in the Minnesota Personnel Records Statute. If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. A state employee has the right to examine his/her own personnel files and may authorize others to examine those files. Employee Exposure Records (toxic substances), ERISA & Benefits Records (including summary plan descriptions, annual reports, notices of reportable events, and plan termination documents), Family and Medical Leave Records (including dates of leave, medical certifications, employer-provided notices, and premium payments), Form I-9 (Employment Eligibility Verification Form), 3 years after employment begins or 1 year beyond termination, whichever is later, OSHA Logs (including incident reports and annual summaries: Forms 300, 300A, and 301), 5 years following the year to which they relate, Payroll & Tax Records (including employee name, occupation, address, social security number, wage rate, number of hours worked daily and weekly, gross wages, deductions, allowances claimed, net wages, overtime, date of each payment, federal income tax and FICA withheld, Form W-4, etc.). 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