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Worker wants to alter a discipline note she saw in her personnel file—Now what?

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in Office Management,Records Retention

Q. An employee asked to review her personnel file, and we let her. Now she wants us to change a discipline notice she found in the file. We don’t have to do that, do we?

A. You were right to allow the employee the opportunity to review her personnel file. Minnesota law permits employees to review their personnel records after making a written request to the employer. If the personnel file is kept in Minnesota, the employer has seven days to let the employee to review it. (The deadline is 14 days if the personnel record is located out of state.)

Your employee was within her rights to ask you to change the information she found. However, you don’t have to agree to the change.

If you and the employee can’t agree on the change, the employee may submit a written statement (up to five pages) specifically identifying the disputed information and explaining her position. If she provides such a position statement disputing information in her personnel record, it must be included in the personnel file, along with the disputed information, for as long as the disputed information is maintained in the employee’s personnel record.

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