Great Lakes Wire

States across the U.S. have laws that regulate how employers manage and provide access to personnel files for their employees. In Michigan, the Bullard Plawecki Right to Know Act sets out requirements for employers regarding personnel file management and access (MCL Title 17 Chapter 149).

According to the law, current and former employees in Michigan have the right to view their personnel records. The definition of a personnel record is broad but excludes certain documents. Employers must be aware of what qualifies as part of the personnel file and what does not. For further details on Michigan's law, ASE members can consult ASE’s online libraries or use the ASE Hotline.

Currently, 19 other states also require employers to grant current and former employees access to their personnel files upon request. These state laws define what is included in a personnel file, specify any excluded documents or information, outline procedures for employee access, and sometimes allow employees to dispute contents within their files.

Employers are encouraged to take an active role in managing these records. It is recommended that they stay informed about relevant laws in every state where they have employees, especially as legislation changes definitions of what must be included in or provided from a personnel file.

Employers should also establish clear policies for creating and maintaining personnel files, including decisions on document retention periods based on both federal and state regulations. Some records—such as those related to investigations—may need to be kept separate from general personnel files.

Having established procedures for responding to employee requests for access can help organizations avoid unplanned responses. It is also important that managers and HR staff are well-versed in company policies concerning recordkeeping.

Performance evaluations or disciplinary actions prepared by an employee’s manager are considered part of the employee’s official personnel file and must follow organizational rules regarding storage, maintenance, and retention periods.

Michael Burns wrote this article with courtesy from SBAM-approved partner ASE.

For additional news and resources related to employment law compliance visit Small Business Association of Michigan's website at https://www.sbam.org/news-resources/.