Can I Request My Personnel Record from My Employer?

Under Minnesota law, if an employee makes a written request to their employer, the employer must provide the employee with the opportunity to review their personnel record.[1] However, the employer is not required to provide an opportunity for the employee to review their personnel record if the employee has reviewed their file within the previous six months.[2] After an employee no longer works for the employer, the employee may review their personnel record once per year for as long as the record is kept.[3]

For current employees, if an employee makes a written request, the employer must allow the employee to view the file within seven days for records kept in Minnesota, or fourteen days for records kept outside of Minnesota.[4] For current employees, the personnel record (or an accurate copy) must be made available to the employee during the employer’s normal operating hours.[5] The employer is allowed to be present (or have a representative present) during review of the personnel file.[6] After review, the employee can make a written request for a copy of the record, and the employer is required to provide a copy.[7]

For former employees, the employer must provide a copy once the former employee makes a written request, but need not allow review of the personnel file itself.[8] The employer is not permitted to charge a copy fee for the copy of the personnel file.[9] The employer must provide a copy of the file to the employee within seven days (for files kept in Minnesota) or fourteen days (for files kept outside the state).

If you have questions about this process, contact us. Our experienced employment law attorneys would be happy to discuss the process and help you determine your next steps.

[1] Minn. Stat. § 181.961, subd. 1.

[2] Minn. Stat. § 181.961, subd. 1.

[3] Minn. Stat. § 181.961, subd. 1.

[4] Minn. Stat. § 181.961, subd. 2(a).

[5] Minn. Stat. § 181.961, subd. 2(b).

[6] Minn. Stat. § 181.961, subd. 2(b).

[7] Minn. Stat. § 181.961, subd. 2(b).

[8] Minn. Stat. § 181.961, subd. 2(c).

[9] Minn. Stat. § 181.961, subd. 2(d).

[10] Minn. Stat. § 181.961, subd. 3.