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Managing your personnel file

By Christy Hickman, staff counsel

 

Q:  Am I allowed to review my personnel file and why should I do so?
A:
  Iowa law requires an employer to allow employees access to their personnel file. See Iowa Code § 91B.1 (2007).  Employees are also permitted to obtain a copy of the file upon payment of a reasonable per-page copying fee. Although your employer holds your personnel file, you are equally responsible for managing its contents. Each year, you should request the opportunity to review your personnel file. This minimizes any risk that certain items find their way into your file without your knowledge or without an opportunity to respond. Be sure to file a response to negative material such as a negative evaluation or disciplinary documents.   

Q:  What type of materials can be placed in my personnel file?
A:
  The personnel file should include performance evaluations, disciplinary records, and other information concerning the employer-employee relationship. Purely personal information or information irrelevant to your employment should not be included in your personnel file. Request removal of items that are not employment related. Likewise, don't be afraid to request that certain items be included in your personnel file, such as parent and student accolades and professional awards.

Q:  How do I get materials removed from my personnel file?
A:
  If you find materials in your personnel file that you do not believe are properly included, request that the material be removed. Contact your UniServ director to discuss the material if you are unsure whether it should be included in your file.

Q:  Can my employer keep a 'second' personnel file, the contents of which I have no knowledge?
A:
  No, you have the right to access all of your personnel records. Even if personnel materials are housed in multiple locations, you have a right to access those materials.

Q:  How do I ask to review my personnel file?  Can the employer put restrictions on my review?
A:
  You must submit a request, written or oral, to your employer. Although your employer cannot deny access to your personnel file, it can impose certain restrictions on your access. You and your employer must agree on the time you may have access to your file. The employer does not have to turn it over immediately upon request. You should, however, be allowed access within a reasonable time. A representative of the employer may be present when you review the file. Iowa law specifically permits the employer to withhold employment references written on your behalf.  This is the only personnel information that can be withheld from the employee.

 

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