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Under Michigan law, employees have a legal right to review their own personnel file in strict privacy. Once an individual's employment ends, he/she no longer has the right to review his/her personnel file in person.
Michigan has a law that regulates the content, access, and use of personnel file information. This law allows an employee to review, copy and correct of their personnel record information. The law is known as the Bullard-Plawecki Employee Right to Know Act. It can be found on the books at MCL 423.501 et.
Employers maintain signed copies of I-9 forms for 3 years after the date of hire or one year after termination, whichever is later. These records document employee policies and procedures adopted by the local government. Drafts and other development documents should be retained until the final document is adopted.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
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.
EEOC Regulations require that employers keep all personnel or employment records for one year.
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.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
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.