Have you ever wondered what’s in your personnel file? Perhaps you’re trying to clarify your payroll history, double-check performance evaluations, or make sense of a recent disciplinary action, such as being placed on administrative leave or probation.
Regardless of the situation, it’s understandable that you might want to know what’s in your personnel file. Unfortunately, there are no federal labor laws that require employers to provide workers with copies of their personnel files.
Arizona State Law and Protections
State laws vary on the subject. Some states have laws that give employees access to their personnel files. Arizona is not one of those states. No law in Arizona requires private companies to provide employees with access to their personnel files.
On the other hand, several laws protect access to personnel files. These laws prevent personal information from being viewed by individuals within the company who do not require access to the information to perform their jobs.
What Is Included in an Employee’s Personnel File in Arizona?
Arizona Administrative Code R2-5A-105 defines an official personnel file as the official documentation and record of the employee’s employment. The Code refers to workers employed by state agencies.
It requires that an agency head maintain an official personnel file that contains:
- A copy of the employee’s job application for their current position
- Copies of all performance reviews
- Action forms that authorize changes in the employee’s position, status, pay, classification, or leave status
- Letters of commendation
- Correspondence or documentation related to an employee’s disciplinary matters
In addition to the above, other information in an employee’s personnel file may include:
- Emergency contact information
- Training records
- Employee benefits and tax forms
- Complaints from peers or clients
- Employment agreements and contracts
- Records of demotions, promotions, transfers, etc.
- Description of the employee’s job and duties
- Attendance records
The Code gives employees the right to review their official personnel files. However, this right does not apply to private employers. Therefore, if you do not work for a state agency, there is nothing in Arizona laws or codes that gives you the right to access your personnel file.
What Should I Do if I Want Access to My Personnel File in Arizona?
Employers may have policies for accessing personnel files, so first, check the employee handbook or similar materials for guidance. If a procedure exists, follow it; if not, submit a written request to HR or your employer.
A written request to review your personnel file does not need to be lengthy. It may simply state: “I request access to my personnel file to review and copy documents related to my employment, including but not limited to documents related to my performance, payroll and benefits records, and all documents I signed related to my employment.”
If you do not receive a response within a reasonable timeframe, follow up by contacting the Human Resources director. If your employer refuses your request to access your personnel file, do not give up. There could be other ways to review your employment records.
When Should I Contact a Phoenix Employment Lawyer?
If you believe your employer has violated your rights, contact a Phoenix employment attorney immediately. An attorney will advise you of your rights regarding your employment records and other matters related to your employment.
Reasons for contacting an employment attorney include, but are not limited to:
- Employer harassment
- Workplace discrimination
- Employer retaliation
- Misclassification as an independent contractor
- Sexual harassment
- Whistleblower protection
- Wrongful termination
- Wage and hour disputes
- Breach of contract
Your attorney may subpoena your personnel file as part of your case. The information in your file may be evidence in a number of actions against your employer.
Contact the Phoenix Employment Attorneys at Houk Employment Attorneys To Ensure Your Rights Are Protected
Even though you may not be able to access your personnel file, there are things you can do to protect your rights. For instance, keep copies of all documents your employer provides to you. If you are asked to sign anything, make a copy of the document before you return the original to your employer. You should also request a copy of the written job performance report during annual reviews.
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
