How Can Wisconsin Employees Obtain a Copy of Their Personnel File?
Every employee may request, in writing, that their employer permit them to inspect any personnel documents which are used or which have been used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records. Employees can request records up to twice a year, unless otherwise provided in a collective bargaining agreement.
How Can The Records Be Viewed or Inspected?
After the employee makes a request, the employer has 7 working days to provide the employee with the opportunity to inspect the employee's personnel records. The right of the employee or the employee's representative to inspect records includes the right to copy or receive a copy of records. The employer may charge a reasonable fee for providing copies of records, which may not exceed the actual cost of reproduction.
Are There Any Personnel Records Which Do Not Need to be Produced?
Employers are not required to produce (a) records relating to the investigation of possible criminal offenses committed by that employee, (b) letters of reference, (c) test documents, (d) materials used by the employer for staff management planning, including recommendations for future salary increases, wages, bonus plans, promotions and job assignments, (e) information of a personal nature about a person other than the employee, (f) where an employer does not maintain any personnel records, or (g) records relevant to any pending claim between the employer and the employee.
Can Employees Correct Information Contained in the Personnel Records?
If the employee disagrees with any information contained in the personnel records, the employer and employee may agree to remove or correct the disputed information. If an agreement cannot be reached, the employee can submit a written statement explaining why they believe the information is incorrect. The employee's statement will then be attached to the disputed portion of the personnel record and must be included whenever that portion of the personnel record is released to a third party.
What is the Penalty for Failing to Provide an Employee's Records?
Any employer who violates this section may be fined not less than $10 nor more than $100 for each violation. Each day of refusal or failure to comply with a duty under this section is a separate violation. The statute also prohibits employers from discharging or retaliating against employees for requesting personnel files under the statute.
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