Montana Employment Personnel Files and Evaluations Package
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How to fill out Employment Personnel Files And Evaluations Package?
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FAQ
There is no requirement in state law to provide these benefits. In the case of a PTO benefit, payout of this benefit is dependent on the employer's policy as stated in the Montana Supreme Court's ruling in McConkey v Flathead Electric Cooperative.
There are some exceptions to an employee's right of access to their HR file. One exception to the employer's duty to disclose personal data is where the information requested is for the purpose of management forecasting or management planning, and where disclosure could prejudice the employer's interests.
(1) The Montana Secretary of State's Records and Information Management Division maintains a records retention schedule for payroll and personnel records. Most employee personnel records must be kept in the employer's office for three years after an employee terminates employment.
Yes, you are allowed to obtain a copy of the information or part of the information contained in your record. Your employer is allowed to charge a fee for providing a copy, but this fee must be limited to the actual cost of duplicating the information.
Personnel files are considered the property of the company, and federal law does not guarantee a right to access your personnel file. However, some states have laws relating to personnel files laws that grant or deny an employee access to his or her own personnel files.
Generally, under Montana Code Ann. § 39-3-205, an employer must immediately issue a final paycheck to a terminated employee, within four (4) hours or the end of the business day, whichever occurs first, unless the employer has a preexisting written policy to the contrary.
You have the right to see your personnel file. Most employees, including former employees, have the right to inspect and receive a copy of their personnel files to know what information their files contain about them and their job performance (California Labor Code Section 1198.5).
Personnel File Guidelines Personnel files should only include items that are related to an employee's job or employment status. Examples of items that should not be included in the personnel file are: Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents.