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An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
Under the law, information in a public employee's personnel file may be withheld only when the information sought by a request does not pertain to legitimate matters of public concern and is highly offensive to a reasonable person. A subsequent decision clarified that both prongs must be met to satisfy the exemption.
No federal law grants employees the right to inspect their personnel files. However, many states do give employees such rights and spell out the terms under which employees are allowed to inspect those files.
Government employee records in Colorado: What's confidential, what's not? Colorado's open-records law is clear: A government employee's personnel file is off limits to the public.
Under California Labor Code section 1198.5(a) provides that every current and former employee, or their representative, has the right to inspect and receive a copy of their personnel records.
Employers may disclose information related to: the suitability of the employee for reemployment; the employee's work-related skills, abilities, and habits as they may relate to suitability for future employment; and, the reasons for the employee's separation.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
Act 397 of 1978. AN ACT to permit employees to review personnel records; to provide criteria for the review; to prescribe the information which may be contained in personnel records; and to provide penalties.
Summary: A staff employee's confidential file contains documents not directly related to the employee's job and may contain personal information. The confidential file is part of an employee's personnel record.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.