Employment Personnel File

EEOC Regulations require that employers keep all personnel or employment records for one year. Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years.

Lawyers can also subpoena the contents of the personnel records for lawsuits and the Equal Employment Opportunity Commission (EEOC) complaints. A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members.

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.

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.

Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.

Take an inventory. First, you will need to take an inventory of what you already have for each employee. Figure out what you are missing and from whom. Hold a meeting. Give each employee a personal list of documents you need from them. Follow up and secure files within one week.

Do employees in New York have a statutory right to review or copy their personnel file? No. Unlike some states, New York law does not require an employer to allow employees to review or copy their personnel file, although nothing prevents an employer from permitting them to do so.

Current and former employees have a right to their personnel records under Labor Code section 1198.5. 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.