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Dear Human Resources Deparment: Please allow this letter to serve as a request for my employment records maintained by Acme Corporation. I am seeking complete copies of the following: My personnel records maintained by Acme Corporation that relate to my performance or to any grievance concerning me.
Unlike some states, New York law does not require an employer to allow employees to review or copy their personnel file, although nothing prevents an employer from permitting them to do so.
If you ever feel that your rights have been violated by an employer or think you may need to consider legal action against a current or former employer, it may be important for you to obtain your personnel files.
Act 397 of 1978. AN ACT to permit employees to review personnel records; to provide criteria for the review; to prescribe the information which may be contained in personnel records; and to provide penalties.
C.R.S. § 8-2-129, provides, in part: ?Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file or files at the employer's office and at a time convenient to both the employer and the employee.
To make a request, employees can either file a written request (by mail, email, or other written form), or by making a written request using a form provided by the employer. As noted above, the employer has to provide access to the records within 30 days.
A. Yes. Upon written request, the employer must provide a copy of the personnel file, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request.
EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Date: Dear (Name of Employer/Manager/HR): As per Cal. Labor Code Sections 1198.5, 226(b) and 432, please forward a copy of my personnel file, including any and all documents I signed which are in your possession and all my payroll records, within 21 business days of this request, as required by law.
Examples of items that should not be included in the personnel file are: Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents. Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.