Minnesota statutorily imposes on employers detailed requirements concerning the contents of employee personnel files, referred to in the law as “personnel records.” The Minnesota Personnel Record Review and Access Act’s (“MPRRAA”) degree of regulation is surprising, given there’s no requirement personnel files be kept in the first place. It applies to personnel files only “to the extent maintained by an employer” having 20 or more employees. Naturally, there are good reasons for an employer of any size to keep and regularly update employee personnel files, to facilitate smooth functioning of the workplace and reduce the risk of losing in court if sued for wrongful termination.
What must be included in my personnel file?
So, what documents and information must be included in an employer’s personnel file? The MPRRAA lists them as follows: “any application for employment; wage or salary history; notices of commendation, warning, discipline, or termination; authorization for a deduction or withholding of pay; fringe benefit information; leave records; and employment history with the employer, including salary and compensation history, job titles, dates of promotions, transfers, and other changes, attendance records, performance evaluations, and retirement record.” Minn. Stat. § 181.960, subd. 4.
What may be excluded from my personnel file?
The MPRRAA excludes an equally long list of documents, which may be excluded from the file, and therefore off-limits to an employee’s review (as discussed below). Nothing in the law requires they must be excluded. The list of exclusions includes reference letters, medical records, co-worker statements obtained as a part of an investigation, and results on an employer’s test (although an employee may see the cumulative number or grade). Perhaps the most important exclusion is “written comments or data kept by the employee’s supervisor or an executive, administrative, or professional employee, provided the written comments or data are kept in the sole possession of the author of the record.” HR professionals sometimes refer to these comments or data as a manager’s file, although that term exists nowhere in the statute.
What rights do I have to inspect my personnel file?
The MPRRAA allows an employee of any Minnesota employer—not just ones with 20 or more employees—the right upon written request to inspect and obtain a free copy of the employee’s personnel file once every six months, and once each year after the employee is separated from employment, for as long as the employer maintains the file. Minn. Stat. § 181.961, subd. 1. The employer has 7 business days in which to provide the file, 14 if the file is located outside of the state. Minn. Stat. § 181.961, subd. 2. The law prohibits retaliation against an employee who exercises his/her rights under the personnel record statute, and remedies for violation include actual damages, attorney’s fees and reinstatement. Minn. Stat. § 181.965, subd. 1. The statute of limitations for bringing such a claim is very short, as compared to other Minnesota statutes of limitations: one year. Minn. Stat. § 181.965, subd. 2.
Can I remove documents in my personnel file?
The MPRRAA gives employees the right to dispute portions of their personnel file and request they be removed or modified. Minn. Stat. § 181.962. If the employer and employee cannot reach an agreement on removal or modification, the employee is allowed to submit a written statement in rebuttal of up to five (5) pages in length. This written statement must be included in the personnel file and must be provided to any person subsequently given a copy of the disputed document for any reason. Many performance reviews have spaces, usually at the end, for an employee to respond in writing to portions of the review. Providing these few lines is not enough.
Under a law enacted in 2007, Minnesota employers are required to provide all employees, upon hire, with a notice of rights under Minnesota’s personnel record statute. Meaning the right to dispute specific documents as well as the right to inspect the whole file. It’s doubtful that most small employers comply with this obscure provision, but the downside risk or not complying is a $5,000 civil fine and potential enforcement action by Department of Labor and Industry. Minn. Stat. § 181.9641
Can I sue if the personnel file contains false and defamatory materials?
What legal remedies do I have if my employer improperly maintains my personnel file?
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The Minnesota employment lawyers of Wanta Thome PLC are committed to protecting the rights of all Minnesota employees. If you have questions about your employment rights, contact us for a free initial consultation.