Who Can Access Employee Personnel Files?

In this article, we’ll cover the basics of access to employee information. Because access rights vary across the country, consider consulting with a local employment attorney to ensure your policies comply.

What Is in a Personnel File?

An employee personnel file is a collection of sensitive information. Business owners should understand what to keep in an employee’s personnel file, as these documents contain private details about workers and proprietary company information.

Common documents may include:

• Offer letters and job applications
• Employment contracts
• Payroll records, I-9 forms, and W-2s
• Employee benefits packages
• Employee background checks
• Drug test results
• Performance evaluations
• Disciplinary actions
• Termination letters

Employees have certain privacy rights associated with their personnel records.

Who Can View Personnel Records?

A clear policy, explained in your employee handbook, helps manage expectations and prevent privacy violations. Access is generally granted to the following groups on a need-to-know basis.

Human Resources

The human resources (HR) department is the primary gatekeeper for employee records. They require access to employee documents for hiring, payroll, benefits administration, and performance management.

Certain medical files must be kept in a separate file. The Americans with Disabilities Act (ADA) has strict requirements for keeping medical information in a confidential file with tightly restricted access. This includes doctor’s notes, FMLA certifications, medical leave information, drug-test results, and related documents. Employers with more than 50 employees must also comply with Health Insurance Portability and Accountability Act (HIPAA) requirements for keeping and storing medical files.

Employees

Many states give employees the legal right to view their own personnel files, sometimes extending this right to former employees. However, employers can typically restrict employee access to certain documents, like reference letters or internal investigation records, and set rules for when and how the file can be reviewed.

Management

Supervisors and managers should only have access to the parts of a personnel file relevant to their duties, such as performance reviews and disciplinary records. They should not have access to payroll, medical, or other highly sensitive information.

Government Agencies

Agencies like the Equal Employment Opportunity Commission (EEOC) can request personnel records during an investigation. Employers covered by federal anti-discrimination laws must keep personnel records for one year and payroll records for at least two years. If a claim is filed, you may receive a subpoena for these records.

Can a Prospective Employer View an Applicant’s Old Personnel File?

In general, prospective employers can’t view or access an employee’s internal personnel file from a previous private employer. Personnel files are treated as confidential information, and companies rarely share complete employment records due to legal liability risks and privacy laws. Prospective employers may verify basic employment details through background checks and references.

Avoid Costly Mistakes Involving Employee Files: Meet with an Attorney

Hiring a lawyer to help you with your business’s employee personnel files is always a good way to protect against potential lawsuits. Seek legal help from a small business attorney specializing in employment law to understand your state laws and learn who may view an employee’s personnel file.