Does Minnesota Law Give Employees the Right to Review Their Personnel Files?

Yes.  Minnesota Statute § 181.961 discusses when current and separated employees have the right to review their personnel files, and what an employee must do to review his or her file. 

A current employee may review his or her personnel file after providing a written request to the employer.  The employer must comply with this request within 7 working days if the personnel file is located in Minnesota, or within 14 working days if it is located out of state.  The employer must make the personnel file (or a copy of the file) available for the employee to review during the employer’s normal hours of operation, at the employee’s place of employment or other reasonably nearby location.  The employer may require the employee to review the file in the presence of the employer.  The employer must provide a free copy of the file to the employee if the employee submits a written request for a copy.  A current employee may not review his or her personnel file more than once every six months. 

A separated employee may review his or her personnel file once each year after separation, for as long as the file is maintained.  The separated employee must provide a written request to review the personnel file.  The employer can satisfy the statute by providing a free copy to the separated employee within the same time requirements mentioned above.

About Ellen Brinkman

Ellen is an attorney in the Employment, Benefits, and Labor section at Briggs and Morgan, P.A. Ellen focuses her practice on employment litigation and counseling. For Ellen's full bio, click here.

Posted on August 17, 2011, in Recordkeeping. Bookmark the permalink. Leave a comment.

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