Employees have a right to review and put rebuttals in their personnel file.
Yes! Employees have a right to review their personnel file in Pennsylvania. This includes employment application, wage or salary information, commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, job title, dates of changes, retirement record, attendance records and performance evaluations.
Employees do not have a right to see information about criminal investigations, letters of reference, documents which are prepared for use in civil, criminal or grievance procedures, medical records, plans for future operations, or information available to the employee under the Fair Credit Reporting Act.
As an Employer you can have a rule that your employees are required to ask in writing to review their employment file. Even if you don't have a policy stating a request must be in writing, it’s a good idea to require such and keep a copy of the requests. As the Employer you can require your employees to state when they want to inspect their files and why or what parts of the files they want to see. Employees have a right to inspect their file at reasonable times, during regular business hours and must be given enough time to review the file based on how much material there is.
Although employees do not have to be given copies of documents within their file, the employee can take notes but does not have the right to remove items from the file. Employees can inspect the file more often if there's a reason to think something has changed in their file.
If an employee does not agree with something in their personnel file, they should first ask that the information be taken out of the file or corrected. If it’s not, the employee can put “rebuttal or explanatory statements” (explaining why the information is inaccurate) in the file to respond to information they don’t agree with. The statement must be kept in the personnel file. If you have questions about the Inspection of Employment Records Law in Pennsylvania give us a call we can help.
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