The file must be made available for review during the employer‘s normal hours of operation, but need not be made available during the employee‘s working hours. For separated employees, this requirement is met if the employee is given a copy of the file. The employer may require that the review be done in the presence of the employer or the employer‘s designee. After the review and upon the employee‘s written request, the employer must provide a copy of the record to the employee. The employer may not charge a fee for the copy. A request to review the record may be denied if the employer determines it is not made in good faith. The law specifies a procedure for removal or revision of information that is disputed by the employee. If the employer and employee cannot agree on removal of disputed information, the employee may submit a written statement of up to five pages specifically identifying the disputed information and explaining the employee‘s position. The employee‘s statement must be included along with the disputed information for as long as the information is maintained in the employee‘s personnel record. A copy of the employee‘s statement must be provided to any person who receives a copy of the disputed information. Communication of information obtained through a review of the employee‘s personnel record cannot be the basis of a defamation action, unless the employer refuses to follow the dispute resolution procedure. The law specifies conditions under which a defamation action may be maintained. The law specifically prohibits retaliation against an employee for asserting his or her rights under the law. An employee may bring a civil action against an employer for violation of the law. Generally, the employee may recover actual damages and costs. If the employer is found to have unlawfully retaliated against the employee, the employee also may recover back pay, reinstatement or other equitable relief, and reasonable attorney’s fees. The Minnesota Department of Labor and Industry may also assess a fine of up to $5,000 for violations of the law. Employer References Minn. Stat. § 181.967, provides that a private employer (defined as an employer “that is not a public entity as defined in Minn. Stat. § 13.02”) is protected from liability for disclosure of the kinds of information noted below unless the current or former employee demonstrates “by clear and convincing evidence” that the information was false and defamatory and that the employer knew or should have known that the information was false and acted with malicious intent to injure the current or former employee. The protection applies to disclosure of information “in response to a request for the information” about: 1) dates of employment; 2) compensation and wage history; 3) job description and duties; 4) training and education provided by the employer; 5) acts of violence, theft, harassment, or illegal conduct documented in the personnel record that resulted in disciplinary action or resignation and the employee’s written response, if any, contained in the employee’s personnel record.
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