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ARTICLE · 18 SEPTEMBER 2013

When a "Simple" Personnel File Request Is Not So Simple

A request for a personnel file may, at first blush, seem like a relatively simple inquiry.

United StatesEmployment and HR

A request for a personnel file may, at first blush, seem like a relatively simple inquiry. But, more and more often, an employer's obligations in response to that request are dictated by state law. In fact, most states have some type of law that governs various aspects of such requests – more than just whether access to the file is required.

Some state law requirements dictate the time for a response, the form of the request, and conditions governing access – such as whether the employee has a right to merely "inspect" the file or a right to make or have a copy. Notably, some states define what is required to be in the personnel file. Using the example of Connecticut law, a personnel file is defined as papers, documents and reports, including electronic mail and facsimiles, pertaining to a particular employee that are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer,

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