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Education for Justice |
FACT SHEET E-12 |
Fall
2011 |
PERSONNEL
RECORDS & REFERENCE CHECKS
(YOUR JOB FILE)
What Is a Personnel
Record?
Your personnel record is made up of the documents your
employer may keep that has information about you and your job. It can have things in it like:
·
Your job application
·
Wage records
·
Notices of awards
·
Your attendance records
·
Performance evaluations
·
History of positions you have held
·
Warning, discipline, or termination notices
·
Papers about tax or withholding of pay
·
Benefit records like your
sick and vacation time
Can I See My Work
Record?
Yes. You have the
right to see your personnel record. You
can look at it every 6 months as long as you still work there. If you do not work there anymore, you can ask
for a copy of your personnel record one time per year after you leave, for as
long as your employer keeps your record on file. You should not be charged for a copy. All employers must follow this law even if
you are the only employee.
How Do I See My Work
Record?
If you want to see your record, or get a copy of it if you
are not working there any more, you need to ask in writing. Write a letter to the employer. Date it and keep a copy. The employer has 7 work days to let you see your
work record if it is kept in the state.
They have 14 days if it is kept at an office in another state. Even if you do not work there anymore, you
have the right to get a copy of your record.
What If I Don’t Agree
With Something In My Work Record?
Write a letter to your employer saying what you think is
wrong and why. Ask to have it fixed or to
put a copy of your letter in the record.
Keep a copy of your letter. Your
employer can agree to change or take out the information you disagree with or
tell you that they will not change it.
But, if your employer does not want to change what you think
is wrong and has more than 20 workers, you have the right to insist that your
letter be put into your personnel record.
This way, you can be sure that your side of the story is in there.
Your employer cannot try to get back at you (retaliate) because
you asked to see your file or asked them to change something in it.
What Information Can
My Employer Give In A Reference Check?
Some information about you can be given out by the employer without
your permission. There is other
information that the employer has to get your permission to give out. There is a form called a Release of
Information that you sign to give permission.
An employer can give out his information without a release of information form signed by you:
·
dates of employment,
·
salary and wage history,
·
job description and duties,
·
training and education provided by the employer,
and
·
documents in your file
about acts of violence, theft, harassment, or illegal conduct that resulted in
disciplinary action or resignation. Your
written response to these acts has to be included.
Note: If an employer
gives out information about the last point, they have to let you know in
writing when they do it. They should
also give you a copy of the documents in your file.
An employer can give out the following information only with a release of information signed by
you:
·
written employee evaluations and your response
to them,
·
written disciplinary warnings and actions in the
last 5 years, and
·
written reasons for why you left the job
If an employer gives out any of this information they have
to let you know in writing and give you copies.
What Should I Do If
My Privacy Rights Have Been Violated?
The Minnesota Department of Labor enforces your work privacy
rights. To file a complaint, call (651)
284-5005 or 1-800-DIAL-DLI (1-800-342-5354).
You may also sue the employer in the county where the
violation happened. You must file a
claim within 1 year of finding out that your privacy right was violated.
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