B. Personnel Records

Generally, state law governs whether employees have the right to review their personnel records pertaining to employment decisions. In some states, including California, Connecticut, Delaware, Illinois, Maine, Michigan, Nevada, New Hampshire, Ohio, Oregon, Penn- sylvania, Washington and Wisconsin, employees or their repre- sentatives do have this right. Even in these states, however, they generally cannot inspect confidential items such as letters of reference furnished by other employers, information about other employees, records of investigation, information about misconduct or crimes that have not been used adversely against them.

TIP: Statutes are constantly changing so it is best to research current state law or speak with counsel for additional information.

Rebuttal Statements. Do employees have the automatic right to include a rebuttal statement in their personnel file if incorrect information is discovered? Some states permit workers to do this when the employer will not delete such comments. In fact, Connecticut, Delaware, Illinois, Michigan and New Hampshire have laws which require employers to send copies of rebuttal statements to prospective employers or other parties when information pertaining to a worker or his/her employment history is conveyed. Since each state treats the subject differently, review your state's law if applicable.