Education for Justice FACT SHEET E-8 Fall 2009

PERSONNEL RECORDS

(YOUR WORK RECORD)

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 DISAGREE 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.

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