Georgia employee right to personnel file

Employee's right to insert rebuttal: If employee disputes specific information in the personnel record and cannot reach an agreement with employer to remove or revise it, employee may submit a written statement identifying the disputed information and explaining his or her position. Statement may be no longer than 5 pages and must be kept with personnel record as long as it is maintained. Employee access to records: An employee or former employee who has worked at least 60 days must be given a reasonable opportunity to inspect personnel records.

A former employee must be given access within 60 days of termination. Conditions for viewing records: Employee may view records during employer's normal business hours. Copying records: Employer must provide a copy of the file to current employees and to former employees who make a request within 60 days of termination.

Employer may charge only actual cost of providing access and copies. Employee's right to insert rebuttal: Employee may submit a reasonable written explanation in direct response to any entry in personnel record.

Statement must be of reasonable length; employer may specify the format; employer must maintain statement in personnel records. Employee access to records: Employer must provide employees a reasonable opportunity to inspect records. Copying records: Employer may charge a fee reasonably related to cost of supplying copies. Employee's right to insert rebuttal: If employee disagrees with any of the information in personnel record and cannot reach an agreement with the employer to remove or correct it, employee may submit an explanatory written statement along with supporting evidence.

Statement must be maintained as part of personnel file. Employee access to records: Within 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional compensation, termination, or other disciplinary action.

Conditions for viewing records: Employee may view records at worksite or place of work assignment. Copying records: Within 45 days after receipt of request, employer must provide a certified copy of requested record to current or former employee if request made within 60 days of termination.

If employee makes request more than 60 days after termination, employer shall provide a certified copy of requested records if employer has records at time of the request. The employer may charge an amount reasonably calculated to recover actual cost of providing copy. Employee access to records: Employer must allow employee to inspect personnel record at reasonable times.

Employee's agent, or employee who is laid off with reemployment rights or on leave of absence, must also be given access. Unless there is reasonable cause, employer may limit review to once a year by employee and once a year by employee's agent. Employer may require the use of a form as well as a written indication of the parts of the record employee wants to inspect or the purpose of the inspection.

For employee's agent: Employee must provide signed authorization designating agent; the authorization must be for a specific date and indicate the reason for the inspection or the parts of the record the agent is authorized to inspect. Conditions for viewing records: Employee may view records during regular business hours at the office where records are maintained, when there is enough time for employee to complete the review.

Employer may require that employees or agents view records on their own time and may also require that inspection take place on the premises and in the presence of employer's designated official. Copying records: Employer not obligated to permit copying. Employee's right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error.

Employee access to records: Employer must permit employee to inspect personnel file when given at least 7 days' advance notice excluding weekends and holidays. Employer may limit access to no more than 3 times a year. Conditions for viewing records: Employee may view records at any reasonable time other than employee's work hours. Inspection must take place in presence of employer or employer's representative. Copying records: Employee may not make copies or remove files from place of inspection.

Employer may charge a fee reasonably related to cost of supplying copies. Employee access to records: Employee may have access to personnel records at least once a year within a reasonable time after making a request. Employee's right to insert rebuttal: Employee may petition annually that employer review all information in employee's personnel file. If there is any irrelevant or incorrect information in the file, employer must remove it.

If employee does not agree with employer's review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years after termination. Employee access to records: Employee and former employee must be allowed to inspect personnel records within 7 working days of making request. Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise.

Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance. Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite.

If this would require employee to take time off work, employer may provide another reasonable time for review. Copying records: Employee's right of inspection includes the right to make or receive copies. An employer that provides copies may charge only the actual cost of reproduction. Employee's right to insert rebuttal: If employee disagrees with any information in the personnel record and cannot come to an agreement with the employer to remove or correct it, employee may submit an explanatory written statement.

Employer must attach the statement to the disputed portion of the personnel record. Additional laws may apply. If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. In many states, employees have the right to view, or request a copy of, their personnel files.

What's in a Personnel File? Copying records: Employee pays if employer so requests. California Cal. Colorado Colo. Connecticut Conn. Written request required : Yes. Delaware Del. Originally posted by panther View Post. Originally posted by Pattymd View Post. Try this site it might hold the information you request. There is no such site as you are looking for. An employee can report an employer for pretty much anything they want to. Whether or not the agency in question will pay any attention is another matter.

It's your decision, and GA law does not require that you show her the file or allow her a copy. But in my experience refusal to show the file only fuels the flame of "my employer is hiding something illegal and I know it because they're keeping my file from me". If you want my advice, you'll take the investigatory material out of the file many states prohibit your allowing her to see that anyway and show her the rest.

It's more likely to spike her wheel than refusing her the file will. The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise.

If it does, then the terms of the contract or CBA apply. Agree with cbg. Employees in Ga. Employer's decision. Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia Live in peace with animals. Animals bring love to our hearts and warmth to our souls. Agree with showing her the file minus any of the investigation information.

In the future when an employee insists that something is required by law, I'd ask them to provide a citation of that law. Employees may also examine their graded promotion exams. Employers are required to obtain and retain employment applications in a secure manner and take reasonable measures to destroy or make the applications unreadable upon disposal.

Employees have the right to inspect the personnel files their employers have used to determine their qualifications for employment, promotion, additional pay, discharge, or disciplinary action. Georgia : Public employers only. In addition, if a physical examination is required as a condition of public employment, such medical information must be retained in a separate, confidential file and not part of the personnel file. Georgia has amended its public disclosure law to provide that records that reveal the home address, home telephone number, or Social Security number of, or insurance or medical information about, public employees or teachers and employees of a public school are exempt from disclosure.

Hawaii : State agency employees may have access to their personnel records relating to employment history and other state agency personal record information.

Each agency that maintains any accessible personnel record must make that record available to the individual to whom it pertains in a reasonably prompt manner and in a reasonably intelligible form.

Where necessary, the agency must provide a translation into common terms of any machine readable code or any code or abbreviation employed for internal agency use.

The following documents may be withheld: medical records, letters of reference, test documents, staff planning materials, information about a person other than the employee, records subject to a court proceeding, or any records alleging criminal activity. The state amended its Personnel Record Review Act to provide that an employer who receives a request for records of a disciplinary report, a letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form or through electronic mail.

An employee may not have access to employment references. Kansas : Public employers only. Public records must be open for inspection. However, personnel records, performance ratings, or individually identifiable records about employees or applicants are exempted from the open records requirement. The names, positions, salaries, and lengths of service of employees, however, are subject to disclosure. Kentucky : Public employers only. Individuals have the right to inspect any records that relate to them or contain their name, excluding employment examination materials or records relating to ongoing criminal or administrative investigations.

If the employer does not comply within 10 days of receiving a written request, the employee may sue for damages and attorney fees. Records may be maintained in any form, including paper, microfiche, or electronic form. Employers that maintain records in a form other than paper must have available to employees, former employees, or duly authorized representatives of employees or former employees the equipment necessary to review and copy a personnel file.

Maryland : Public employees have the right to inspect their personnel records. A custodian of a personnel file has 10 days to respond to a request for a personnel record. Massachusetts : Access to personnel records must be provided by both public and private employers upon written request. However, a records review that results from the notification requirement relating to negative records does not count as one of the two permitted annual reviews. Michigan : Upon written request, employers must allow employees to view their personnel records.

Minnesota : Employers must provide employees, who make a good-faith request, with the opportunity to review their personnel records, including: an application for employment; wage or salary histories; notices of commendation, warning, discipline, or termination; authorization for a deduction or withholding from pay; fringe benefit information; leave records; and the employment history with the employer, including salary and compensation history, job titles, dates of promotions, transfers and other changes, attendance records, performance evaluations, and retirement records.

Employers of 20 or more employees are required to provide written notice to a job applicant upon hire, and to an employee upon termination, of the rights and remedies provided in the Minnesota Personnel Records Statute. Upon termination, employers must notify former employees in writing that: 1 they have the right to review their personnel record upon written request once within the year after separation of employment, and 2 upon written request, the employer shall provide a copy, at no charge, of the personnel record to the employee.

Also, employers must provide access to the personnel record no later than seven working days after receipt of the request if the personnel record is located in Minnesota, or no later than 14 working days after the receipt of the request if the personnel record is located outside of Minnesota.

Montana : State employees must have access to all their employee personnel records, and may file a written response to information contained in their employee personnel records. These employee responses must become a part of the record.