Do Minnesota Employees Have a Right to Their HR File?

Are Minnesota Employers Required to Give Employees a Copy of Their Personnel File?

Yes, Minnesota law requires employers to provide employees and ex-employees a copy of their personnel records after the employee submits a written request. A current employee is entitled to review his or her personnel record once every six months. A former employee may either request to review his or her personnel file once a year or obtain a copy of his or her personnel file free of charge once a year for as long as the record is maintained.

Minnesota Statutes section 181.961, subdivision 1 provides:

Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee’s personnel record. An employer is not required to provide an employee with an opportunity to review the employee’s personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee may review the employee’s personnel record once each year after separation for as long as the personnel record is maintained.

This article was written by attorney Aaron Hall.