Colorado Personnel File Inspection Requirements for Companies

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Multi-State
Control #:
US-447EM
Format:
Word; 
Rich Text
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Description

This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

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.

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.

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.

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.

In California, employees have a legal right to review and copy their personnel files. Employees and employers have a stake in fair workplace practices. Human resources professionals and managers should view employee requests to review their personnel files as a chance to fulfill the promise of their open door policies.

The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.

In many states, employees have the right to view, or request a copy of, their personnel files. Your employer is required by law to document certain information about you, including your wages and hours, workplace injuries and illnesses, and tax withholding, as well as records of accrued vacation and other benefits.

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.

Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.

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.

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Colorado Personnel File Inspection Requirements for Companies