by Susan Fitzke, Sarah Gorajski and Jessica J. Schroeder, Esqs. Littler Mendelson, Minneapolis
You probably receive at least occasional requests from current and former employees to view or receive a copy of their personnel file. This sounds like a straightforward request. But must an employer produce all documents in the employee’s “file?” Must information that may not be in an employee’s file be produced?
Minnesota’s personnel records statute covers these questions, which can be surprisingly complicated.
Providing a copy of the ‘file’
When you receive a personnel file request, first determine if and when you must provide records to the employee. Upon written request, a current or former employee has the right to review what the Minnesota statute calls the employee’s “personnel record.” That may not coincide with what you consider the employee’s file.
Current employees may review their personnel records once every si...(register to read more)