I was wondering if I had the right to see what was in my employment file and if I can receive a copy of it?

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I was wondering if I had the right to see what was in my employment file and if I can receive a copy of it?

I was told it could just be reviewed. The reason I would like it is because I have been harassed and want whatever paperwork they have before bringing it to the state.

Asked on February 10, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your employment or personnel file may be about you, but it does not belong to you--it belongs to your employer. An employee has no legal right to see the contents of his or her employment file. The only time you could gain access to it would be if there is litigation (e.g. if you sue the company for wrongful termination or discrimination); in that event, there is a legal mechanism, called "discovery," that you could use to gain access to the file. Otherwise, it's up to the employer--it's allowed to show the file to you, but is not required to do so.


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