At least annually, every employer must, upon the request of an employee, permit that employee to inspect any or all of the employee's own personnel files. Each employer must make such files available locally within a reasonable period of time after the employee requests the files.
An employee may annually petition that the employer review all information in the employee's personnel files that are regularly maintained by the employer as a part of the employer's business records, or are subject to reference for information given to persons outside of the company. The employer must determine if there is any irrelevant or erroneous information in the files, and must remove all such information from the file.
If an employee does not agree with the employer's determination, the employee may request to have a statement containing the employee's rebuttal or correction placed in the employee's personnel file. This requirement does not prevent the employer from removing information more frequently. A former employee retains the right of rebuttal or correction for a period not to exceed two years.
These requirements do not apply to:
Within 14 calendar days of a request by an employee, former employee, or their agent or fiduciary, each employer must furnish to the employee a complete, unredacted copy of the employee's personnel files at no cost to the employee.
The employee's ability to petition for the employer's review of the personnel file is not limited, in part, to those files maintained as part of the employer's business records.
Within ten business days of receiving a written request by a former employee or their agent, the employer must furnish a signed written statement to the employee stating the reasons for and effective date of discharge.
An employee may enforce the employee's rights through a private cause of action in superior court, without exhausting any administrative remedies. For each violation, the employee is entitled to equitable relief, statutory damages of $1,000, and reasonable attorneys' fees and costs.
Personnel file includes all: