Your Right To Your Employment Record
Author: Erik R. Guenther
Employers generally maintain records for their employees in regard to their qualification for employment, promotion, transfer, additional compensation, termination or other discipline, and medical records which you have a right to inspect. Your employer is required to provide these records to you if you request them.
You have a right to inspect or copy your employment records under Wisconsin law.
Wisconsin Statutes Section 103.13(2) provides that employees are obligated to permit their employees to inspect their personal record. However, employers may require that the employee's request be made in writing. The employer is required to provide these records within 7 working days from the day they receive the request. The inspection is to take place at or near the employee's place of employment and during the employee's working hours or after working hours if the employee would have to take time off to inspect the documents. An employee may also request a photocopy of their employment record, but the employee may charge the employee for the actual cost of reproduction. Wisconsin Statutes 103.13(7).
Other rights to inspect your employment records include:
•The right to designate a representative like a union representative or collective bargaining unit to inspect your records if you have a current grievance with your employer (Wisconsin Statutes 103.13(3));
•The right to seek correction or removal of information contained in your employment record that you disagree with by agreement, or to attach your statement disputing the facts if you can not reach an agreement with your employer (Wisconsin Statutes 103.13(4));
•The right to inspect any personal medical records in the employer's files (Wisconsin Statutes 103.13(5).
If an employer does not provide these records then an employee can bring a legal complaint against them. Wisconsin Statutes Sections 103.13(7m) and (8).
In order to request your employment record, it is suggested that you send a short, written statement to your employer's supervisor or human resources person. This letter should be sent by registered mail so that you can show the day that it was received, and you should maintain a copy of the letter. A sample letter could state:
Dear [Insert name of supervisor or human resources person]:
I am requesting a complete copy of my employment record in accordance with Wisconsin Statutes §§103.13(2) and (7). By law, these records are to be provided to me within seven working days. I understand that I may be charged the actual copy charges for my records. Please send my employment file to me at: [Insert complete address.] Thank you.
Regards,
[Your name].
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