General information about personnel files: Federal law does not specifically require employers to maintain "personnel files", and it does not regulate the question of whether and to what extent employers must allow employees to view, copy, or add documents to their personnel files. However, many of the kinds of documentation needed to defend against discrimination claims and lawsuits, and other types of employment actions, are normally kept in personnel files. Some states have laws requiring employers to give certain degrees of access to their files. Other states (such as Texas) leave that up to an employer and employee to work out between themselves. If you are in doubt about the prevailing legal requirements in your state, be sure to consult an attorney. For more details about personnel files, see the topics "Personnel Files - General" and "Personnel Files - Details" in the online book "Employment Law Basics for Employers".

The Company keeps certain records relating to your employment in a personnel file. The documents contained within that file are the property of the Company and must be maintained for government and Company recordkeeping purposes. Some employment records are kept in separate files, such as records relating to medical conditions and leave, records relating to investigations, and records relating to I-9 requirements. All files connected with an employee are considered strictly confidential, and access will be limited only to those who have a job-related need to know the information and who have been authorized to see the file in question.

If an employee wishes to view the contents of his or her personnel file, the employee should report during off-duty time or, with permission from his or her immediate supervisor, during work time to the Human Resources office and file a written request with the records clerk [or other designated individual]. The clerk will verify your identity and show you to a table where you can view the contents of the file. If you would like to get a copy of a company record relating to your employment, you should let the clerk know which document(s) need to be copied. Copies are ten cents apiece, payable in advance.

You may not take or alter any document found within your personnel file. If you disagree with one of the documents, you may ask the Human Resources Manager for permission to add a document containing your comments regarding the document with which you disagree.

Both at and after the time you separate from employment, you may make copies of documents in your personnel file if you wish. Copying of such documents should be arranged with the Human Resources office and will cost ten cents per copy, payable in advance. Your personnel file will be maintained in company archives in accordance with all applicable legal requirements.

Again, it is not recommended to simply adopt this sample policy for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of policies for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that what you have in your policy handbook not only truly meets your needs, but also complies with your state's law.

Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment policies for your situation:

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Employment Law Advisory Network, Inc.