Personnel Records Correction
In any employment dispute, an employee’s personnel file is often key as it includes performance reviews, performance improvement plans, or other notes documenting the employee’s work history and performance.
The Illinois Personnel Record Review Act gives employees the right to inspect and obtain a copy of their personnel record. The Act also gives the employee the right to file a response, essentially tell their side, to any disputed statements if the employer does not agree to correct or remove the information. Moreover, this response must be attached to the disputed statement and be included if the information is ever given to a third party.
The Act also requires employers to give employees written notice if they release disciplinary information to third parties. In addition, the Act places certain prohibitions on what can be included in the personnel file, including employees’ political and non-employment activities.
If your employer has refused to give you access to your file, the Act allows employees to file a complaint with the Illinois Department of Labor or with the Circuit Court.
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