A
personnel file is a historical log or record
of information pertaining to a staff employee from
the date of hire, identified by the person's name
or by any number or symbol corresponding to that name.
The personnel file contains Job-related materials,
including information on the employee’s employment
relationship, such as his/her job application, offer
letter, and acceptance letter; the job description
and performance expectations; development records,
such as training, education, and degrees; performance
records, such as appraisals, counseling memos, disciplinary
letters, special awards, or commendation letters;
time and attendance records; emergency data; and personnel
action forms.
Federal and state laws deal with the confidentiality
of personnel files and employees’ access to
personnel files. The personnel file should not contain
employees’ medical records. The Americans with
Disabilities Act (ADA) requires employers to keep
employees' medical records confidential and separate
from personnel files. The Privacy Act forbids federal
government employers from disclosing any information
contained in the employee’s files without his/her
written consent. Federal government workers have access
to their personal records, and the law also permits
them to make a copy of any portion of the documents.
The personnel file should not contain records of
the employee that relate to the investigation of a
possible criminal offense; letters of reference; documents
which are being developed or prepared for use in civil,
criminal, or grievance procedures; medical records;
materials which are used by the employer to plan for
future operations; or information available to the
employee under the Fair Credit Reporting Act.
