Employees Have a Right to Know, Employers Have an Obligation to Show

Author: Joel W. Baar
Date: 02/07/2005

Have you ever wondered why one person is promoted over another when both seem equally qualified? Are you consistently overlooked for advancement and don't know why? What if you quit for a good reason and can not obtain another job no matter how hard you try? The answers to these questions might be found in your personnel file.
Pursuant to the Bullard-Plawecki Employee Right-to-Know Act, employees and former employees in Michigan have the right to access and review their own personnel records. An employee who wishes to review his or her file must make a written request to the employer. Generally speaking, an employee does not have the right to review his or her personnel record more than two times per year.

After reviewing the file, an employee may obtain a copy of any or all information contained in the file by simply requesting it from the employer. An employer may charge a fee for providing a copy of all or part of the personnel file, but the fee is limited to the employer's actual cost of copying.

If an employee disagrees with information contained in the personnel file, removal or correction of that information may be mutually agreed upon by the employer and the employee. If such an agreement cannot be reached, the employee may submit a written statement explaining his position, which becomes a permanent part of the file. If an employer fails to provide an employee the opportunity to review his personnel file, there are several remedies available to the employee.

The attorneys at V & B have broad experience in representing employees in employment-related disputes. If you believe there may be something in your personnel file that may be negatively affecting your career opportunities or preventing you from obtaining new employment, request a copy of your personnel file pursuant to the Bullard-Plawecki Employee Right To Know Act, and let's sit down and review it.