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Michigan Personnel Records Lawyer  

Defending Employees' Rights throughout the U.S.

You have Right to Review Your Personnel File Employment Lawyers – Employee Rights Attorneys

The law firm of Huizenga & Hergt, P.C., has helped employees exercise their rights in all types of dealings with their employers. Please contact our employment law attorneys today for a consultation about on your legal concern.

Michigan law provides that an employee may have access to their own personnel file kept by the employer. MCLA 423.501. Each employee has the right to review their personnel file and make copies of anything in the file. The employee also has the right to respond in writing to anything in the file with which they disagree and ask that the response be made part of the personnel file.

The employee must make a written request for the personnel file and include the employee's name, social security number, dates of employment, location and any other identifying factors to aid in retrieving the file. The employer is allowed to charge for copying the file. An employee can see their file at reasonable intervals, usually not more than twice a year.

Personnel records are defined as:

a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision.

There are a number of documents that are excluded from the definition of personnel records, including medical reports made or obtained by the employer if available to the employee from a doctor or medical facility.

It is advisable to review your personnel file periodically to determine if it contains something you were not aware of. Many employees assume that an employer must show them all disciplinary memos before they are placed in a personnel file. This is not true. An employer can write up an incident not mention it to the employee, and place it in the personnel file to document the incident. This is not done to correct a performance issue or otherwise help the employee, but to build a file on the employee for use as a basis for future disciplinary action or termination. For this reason it's a good idea to occasionally review your personnel file, copy what's in it, and respond in writing to anything with which you disagree.

For high quality legal representation and responsive client service, contact the employment law attorneys at Huizenga & Hergt, P.C., today.

From our offices in the historic Penobscot Building in Detroit, Michigan, our firm has represented clients in the following states: Arizona, California, Colorado, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

 

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