Wisconsin Request to Review Personnel File

State:
Multi-State
Control #:
US-224EM
Format:
Word; 
Rich Text
Instant download

Description

This form is used by an employee to request review of employee's personnel file.

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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.

Medical information and records obtained as part of the interactive process must be maintained separate from the employee's personnel file and kept confidential. 2 CCR § 11069(g) Employers must keep information obtained regarding the medical or physical conditions or history of the employee confidential.

An employee may request all or any part of his or her records, except as provided in sub. (6). The employer shall grant at least 2 requests by an employee in a calendar year, unless otherwise provided in a collective bargaining agreement, to inspect the employee's personnel records as provided in this section.

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 Wisconsin law, unless there is an agreement to the contrary, employment is at will. This generally means that either the employer or the employee may generally end the employment relationship without giving either notice or a reason.

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.

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.

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.

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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Wisconsin Request to Review Personnel File