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Employers need to create a personnel file for every employee. Personnel files should contain only necessary employee information, which typically includes some or all of the following: application and resume material; attendance information; payroll records and other tax-related forms; written disciplinary materials; performance appraisals or evaluations; employee benefit information; training/seminar records; records of transfers, promotions and demotions; and a signed acknowledgment evidencing an employee’s receipt and reading of the company’s employee handbook and other written company policies.
Minnesota has a personnel records statute which governs an employer’s duties and obligations with respect to providing an employee access to the information contained in his or her personnel file. The statute does not apply to independent contractors, but rather provides current employees the right, upon written request, to review his or her personnel file once every six months and former employees the opportunity to review it once per year for as long as the employer maintains the personnel file. The statute further requires an employer to provide a copy of a current or former (separated from the company less than 1 year) employee’s personnel file upon written request and free of charge.
However, a Minnesota employer may refuse a current or former employee access to the following information:
- information relating to an investigation pursuant to a criminal or civil statute unless the investigation is completed and the employer takes adverse action based on the investigation;
- education records maintained by an educational institution;
- results of employer testing other than cumulative total scores;
- information relating to the employer’s salary system and staff planning;
- written “personal” comments or date about others where disclosure would intrude upon the other person’s privacy;
- data or comments authored by and retained in the sole possession of the employee’s supervisor;
- privileged or otherwise nondiscoverable information;
- statements by co-workers concerning the job performance of the employee that discloses the co-worker’s identity; and
- medical reports and records.
It is critical not to use an employee’s personnel file as a general repository for all information relating to that employee. For example, an employer should maintain separate files for an employee’s worker’s compensation material, investigation documents regarding claims of discrimination and legal material to and from the employer’s attorney regarding that particular employee. The Americans with Disabilities Act and Family Medical Leave Act each require an employee to keep medical-related information concerning an employee in an individual file.
Lastly, maintaining confidentiality of employee personnel files is paramount. Personnel files should be stored in a secure location and available only to those specific individuals who require access to this information as a part of their job duties and responsibilities.
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