Minnesota law enforces certain requirements on employers relating to employee personnel files. The Minnesota Personnel Record Review and Access Act (“MPRRAA”) sets forth employees’ rights to examine and contest the information contained in their personnel files. The MPRRAA defines employer as “a person who has 20 or more employees” and applies to personnel files “to the extent maintained by an employer.”
Employees’ Rights Under the MPRRAA
The MPRRAA allows an employee of any Minnesota employer, however, the right, upon written request, to review and obtain a free copy of the employee’s personnel file once every six months, and once each year after the employee is separated from employment for as long as the employer maintains the file. Minn. Stat. § 181.961, subd. 1. The employer shall comply with a written request no later than seven business days after receipt of the request if the personnel record is located in the state, and no later than fourteen business days after receipt of the request if the personnel record is located outside the state. Minn. Stat. § 181.961, subd. 2.
The MPRRAA prohibits retaliation against an employee who exercises his or her rights under the statute. Minn. Stat. § 181.964. It provides remedies if an employer retaliates against an employee, which include actual damages, back pay, and reinstatement or other make-whole, equitable relief, plus reasonable attorney fees. Minn. Stat. § 181.965, subd. 1. For violations of other provisions of the MPRRAA, remedies include actual damages plus costs. Minn. Stat. § 181.965, subd. 1.
The MPRRAA gives employees the right to dispute portions of their personnel file and request they be removed or revised. Minn. Stat. § 181.962. If the employer and employee cannot reach an agreement on removal or revisal, the employee may submit a written statement specifically identifying the disputed information and explaining the employee’s position. The employee’s statement may not exceed five written pages. The statement must be included along with the disputed information for as long as that information is maintained in the employee’s personnel record. A copy of the statement must also be provided to any other person who receives a copy of the disputed information from the employer after the statement is submitted.
Employment Law Attorneys for Minnesota Workers
If you have any questions relating to your personnel file, contact our Minnesota employment attorneys to discuss your employment situation. Our workplace discrimination lawyers will diligently fight to ensure that your rights are protected.
