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Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

Brian Rochel Selected to Serve Three-Year Term on Minnesota NELA Board

September 20, 2021/in Blog

Brian Rochel has been selected to serve as a Board member on the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). MN-NELA is a highly-respected organization of lawyers who are dedicated to advancing the rights of workers by providing information, education, and advocacy on behalf of employees. MN-NELA works to advance employee rights by influencing […]

Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

Brian Rochel Selected to Serve Three-Year Term on Minnesota NELA Board

September 20, 2021/in Blog

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Can I Request My Personnel Record from My Employer?

September 28, 2021/in Blog

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.

Brian Rochel Selected to Serve Three-Year Term on Minnesota NELA Board

September 20, 2021/in Blog

MN-NELA has had a profound impact in the rights of employees over the past several decades. Its major achievements include amicus briefing at the Minnesota Supreme Court, helping draft impact legislation, and facilitating collaboration across hundreds of lawyers and law firms who represent employees and workers across the state.

Brian has been a member of MN-NELA since 2010, served on the Board from 2014-2017, and is proud to continue serving the organization.

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