Minnesota Amends Personnel File Law

On January 1, 2008 Minnesota enacted additional provisions to the Minnesota Personnel File Law. The new provisions require all employers with more than 20 employees to provide written notice to a job applicant upon hire of the rights and remedies provided within the law.

This new provision does not change existing laws on employees' rights to inspect, etc. their personnel files; however, it requires that all new hires be advised of their "rights and remedies" under this law, in writing. The "writing" should include the following elements:

• Current employees may make a written request to review their personnel file every six months (former employees may view once per year for as long as the employer maintains the file).
• Upon receipt of the written request the employer must make the personnel file available for inspection within 7 working days (14 if the record is located out of state).
• Employers may require the inspection to occur during normal business hours for current employees and will mail a copy to former employees upon receipt of a current address.
• An employee disputing information contained in a personnel file may seek the employer's agreement to revise or remove the information and, if no agreement can be reached, may submit a written statement, not to exceed 5 pages, disputing the information which will be placed in the personnel file.
• Where the above guidelines are observed the employer may not make a claim for libel, slander or defamation.
• An employee may bring a civil action in an attempt to compel compliance with these provisions seeking actual damages, back pay, reinstatement and attorney's fees.
• Employees may not be retaliated against for exercising the right to review their personnel files.

We advise that employers also have their employees provide a signed acknowledgment form upon receipt of this document.

If you are a Wessels & Pautsch, P.C. phone client please contact the Minneapolis office at 952-746-1700 for your free copy of our model "Employee Notification of Rights and Responsibilities Regarding Personnel Files" form to provide to your new hires.