Illinois and Michigan laws allow employees to obtain copies of their personnel records or employment files. Obtaining copies of personnel records can be very helpful in evaluating wrongful termination, retaliation, whistleblower, discrimination, harassment, and unpaid wage claims. BRIAN J GRABER LLC practices employment law in Illinois, Indiana, and Michigan. Learn about your rights to obtain copies of your employment file or personnel records using the Illinois Personnel Record Review Act, 820 ILCS 40.0.01, et seq., and the Michigan Bullard-Plawecki Employee Right to Know Act, MCL 423.501, et seq. Unfortunately, Indiana has no law allowing employees to obtain copies of their personnel records or employment files.
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Know your rights to obtain copies of your personnel records under Illinois law.
In Illinois, employees may use the Personnel Review Act, 820 ILCS 40.0.01 et seq., to obtain copies of their personnel records or employment files to assess wrongful termination, retaliation, Illinois whistleblower, federal whistleblower, discrimination, harassment, military discrimination, and unpaid wage claims. Personnel or employment files can contain useful information to evaluate the strengths and weaknesses of an employment claim.
The Personnel Review Act, 820 ILCS 40/1(b), applies to an “employer” with five or more employees, defined as follows:
“Employer” means an individual, corporation, partnership, labor organization, unincorporated association, the State, an agency or a political subdivision of the State, or any legal business, or commercial entity which has 5 employees or more than 5 employees exclusive of the employer’s parent, spouse, child or other members of his immediate family and includes an agent of the employer.
820 ILCS 40/1(b)
The Personnel Review Act, 820 ILCS 40/1(a) applies to employees defined as follows:
“Employee” means a person currently employed or subject to recall after a layoff or leave of absence with a right to return at a position with an employer of a former employee who has been terminated service within the preceeding year.
820 ILCS 40/1(a)
Under the Personnel Records Review Act, 820 ILCS 40/2(a)(1)-(4), upon a request in writing to their employer, every employee has a right under this Act to inspect, copy, and receive copies of the following documents:
- Any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action;
- Any employment-related contracts or agreements that the employer maintains are legally binding on the employee;
- Any employee handbooks that the employer made available to the employee or that the employee acknowledged receiving;
- Any written employer policies or procedures that the employer contends the employee was subject to and that concern qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action.
Under the Illinois Personnel Records Review Act, 820 ILCS 40/5, an Illinois employee can designate their attorney as their representative to inspect their personnel records, copy, and receive copies of their personnel records. The Personnel Records Act, 820 ILCS 40/2(c), requires that the written request shall:
- Identify what personnel records the employee is requesting or if the employee is requesting all of the records allowed to be requested under this Section;
- Specify if the employee is requesting to inspect, copy, or receive copies of the records;
- Specify whether the records be provided in hardcopy or in a reasonable and commercially available format;
- Specify whether the inspection, copying, or receipt of copies will be performed by that employee’s representative, including family members, lawyers, union stewards, other union officials, or translators; and
- If the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee’s specific representative.
The Personnel Records Review Act, 820 ILCS 40/2(d) requires that an employer to comply within seven (7) working days after receiving a written request from an employee or the employee’s attorney for their personnel records. The employer may be able to request an additional 7 calendar days to comply with the written request. The employer may charge a reasonable fee for providing a copy of the requested records.
If the employer refuses to comply with the employee’s written request for their records, the Personnel Records Review Act, 820 ILCS 40/12(b), allows the employee to file an administrative complaint with the Illinois Department of Labor. The Illinois Department of Labor will attempt to resolve the complaint by conciliation. You can file an administrative complaint with the Illinois Department of Labor at this link: https://labor.illinois.gov/laws-rules/conmed/prra-complaint-form.html for an employer’s refusal to comply with your written request for your personnel records. If the Illinois Department of Labor certifies it is unable to resolve the administrative complaint within 180 days or is unlikely to resolve the administrative complaint within 180 day you may commence a lawsuit in the circuit court to enforce the Personnel Records Review Act. Under 820 ILCS 40/12(d), the court shall award the employee prevailing in an action pursuant to this Act the following damages:
- Actual damages plus costs.
- For a willful and knowing violation of the Act, $200 plus costs, reasonable attorney’s fees, and actual damages.
The Personnel Review Act, 820 ILCS 40/4, limits the use of personnel record information that was not included in the personnel records in actions brought in the circuit courts as follows:
Personnel record information which was not included in the personenl record but should have been as required by this Act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judiail proceeding or the hearing officer in a quasi-judicial proceeding, was not intentionally excluded from the personnel record may be used by the employer in the proceeding if the employee agrees or has been given a reasonable time to review the information. Material which should have neen included in the personnel record shall be used at the request of the employee.
820 ILCS 40/4
If your an Illinois employee who has suffered adverse employment action in violation of Illinois wrongful termination laws, retaliatory discharge, employment discrimination, the Illinois Whistleblower Act, workplace harassment, retaliation, military discrimination, or unpaid wages, you can use the Illinois Presonnel records Review Act to obtain your personnel file and contact BRIAN J GRABER LLC, an Illinois employment lawyer at (312) 291-4648 or by mail to schedule a free confidential consulation.
Indiana employees have no rights under Indiana law to obtain their personnel records.
Unfortunately, Indiana employees have no right to request copies of their employment records from their employers. Contact your Indiana senator and representative through this link: https://iga.in.gov/information/find-legislators and tell them to protect your rights.
Indiana employees can contact BRIAN J GRABER LLC, an employment lawyer for a free consultation on claims for wrongful termination, retaliatory discharge, employment discrimination, federal whistleblower claims, sexual harassment, USERRA violations, and wage & hour laws at (219) 232-9011 or by email.
Know your rights to obtain copies of your personnel records under Michigan law.
In Michigan, employees can use the Bullard-Plawecki Employee Right to Know Act, MCL 423.501(1). Obtaining copies of your personnel records can significantly assist in evaluating claims for wrongful termination, retaliatory discharge, WPA claims, federal whistleblower claims, employment discrimination claims, and sexual harassment claims. If you believe your employer violated your employment rights, contact BRIAN J GRABER LLC, a Michigan employment lawyer, at (269) 230-6054 or by email. The Bullard-Plawecki Employee Right to Know Act applies to Michigan employers that have four or more employees, defined as follows:
“Employer” means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal business, or commercial entity which has 4 or more employees and includes an agent of the employer.
MCL 423.501(b).
Michigan law defines “personnel record” as follows:
“Personnel Record” means a record kept by the employer that identifies the employee, to the extent that the record is used of has been used, or may affect or be used relative to that employee’s qualification for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in the posession of a person, corporation, partnersdhip, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision. A personnel record shall not include:
(i) Employee references supplied to an employer if the identitiy of the person making the reference would be disclosed.
(ii) Materials relating to the employer’s staff planning with respect to more than 1 employee, including salary increases, managment bonus plans, promotions, and job assignments.
(iii) Medical reports and records made to obtained by the employer if the records or reports are available to the employees from the doctor or medical facility involved.
(iv) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other’s privacy.
(v) Information that is kept separately from other records and relateds to an investigation by the employer pursuant to Section 9.
(vi) Records limited to grievance investigations which are kept separately and are not used for the purposes provided in this subdivision.
(vii) Records maintained by an educational institution which are directly related to a studient and are considered to be educations records under 513(a) of title 5 of the family educational rights and privacy act of 1974, 20 U.S.C. 1232g.
(viii) Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than 6 months after the date of the occurrence or the date the fact becomes known.
MCL 423.501(c)(i)-(viii).
MCL 423.503 allows an employee to inspect their personnel record. MCL 423.504 provides for the procedure for an employee to obtain copies of their personnel record as follows:
After the review provided in section 3, an employee may obtain a copy of the information or part of the information contained in the employee’s personnel record. An employer may charge a fee for providing a copy of the information contained in the personnel record. The fee shall be limited to the actual incremental cost of duplicating the information. If an employee demonstrates that she or she is unable to review his or her personnel record at the employing unti, then the employer, upon that employee’s written request, shall mail a copy of the requested recxord to the employee.
MCL 423.504
Michigan law allows an employee to file an action in the circuit court to compel compliance with this Act as follows:
If an employer violates this act, an employee may commence an action in the circuit court to compel complaince with this act. The circuit court for the county in which the complainant resides, the circuit court for the county in which the complainant was employed, or the circuit court for the county in which the personnel record is maintained shall have jurisdiction to issue the order. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee in an action pursuant to this act the following damages:
(a) For a viotlation of this Act, actual damages plus costs.
(b) For a willful violation of this Act, $200.00 plus costs, reasonable attorney’s fees, and actual damages.
MCL 423.511
Information that is not included in personnel records that should have been may be barred in judicial or quasi-judicial proceedings as follows:
Personnel record information which was not included in the personnel record but should have been as required by this Act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judicial proceeding or in the opinion of the hearing officer in a quasi-judicial procedding, was not intentioinally excluded in the personnel record, may be used by the employer in the judicial or quasi-judicial procedding, if the employee agrees or if the employee has been given a reasonable time to review the information. Material which should have been included in the personnel record shall be used at the request of the employee.
MCL 423.502
If your employer violates your employment rights, you can use the Bullard-Plawecki Employee Right to Know Act, MCL 423.501, to obtain copies of your personnel record to assist with the evaluation of your claims. Contact BRIAN J GRABER LLC, a Michigan employment lawyer, for a confidential free consultation at (269) 230-6054 or by email.
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