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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.
You have a right to confidentiality of your performance evaluation. In most cases, only you and your supervisor will be involved in the evaluation process. Some companies may include a representative from the human resources department.
There is no legal right to get a copy, but it does not make sense that they would not give you one. The purpose of the review is to show your strengths and what you need to work on. Without a copy it is difficult to improve.
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.
The personnel file is the employees and the employers complete record of their relationship together. It contains a history from job application right the way through to the exit interview, termination of employment or even retirement.
Employee files should be stored in a secure location and be kept strictly confidential. Access should be restricted to those with a legitimate need to know or as required by law.
In practically all companies, most employee records are kept in an employee personnel file. However, each employee will have at least one additional file designated as a confidential file.
Consider the following tips for sorting personnel files:Create some file backups.Use both electronic and physical filing systems.Use a consistent organization method.Create a checklist for tasks.Input formal company documents.Train HR staff members.
Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.
Definition Employee Personnel Files are defined to include the application for employment, and records which are used or have been used to determine an employee's qualifications for promotion, compensation, termination, or disciplinary action.