• May charge the employee a small administrative fee (e.g., $3) per written response, as allowed by statute.
Access to personnel records (Minn. Stat. § 181.961 et seq.) Employers with one or more employees must allow employees to review their personnel records and obtain copies in certain circumstances. • Current employees may review their personnel file once every six months upon written request. • Former employees may review their file once a year for as long as the employer maintains the record. Timing and access: • The employer must provide access within seven working days if the records are in Minnesota, or 14 days if stored elsewhere. • Review must be during normal business hours, but not necessarily during the employee’s working hours. • For former employees, mailing a copy of the file satisfies the requirement. • Employers may require review in the presence of the employer or its designee. • Employers may not charge for a copy. Dispute and defamation protections: • If the employee disputes information and the employer will not remove or revise it, the employee may submit a written statement (up to five pages) to be included in the file and supplied with any copies of the disputed record. • Good faith communications based on the personnel file generally are protected from defamation claims so long as the statutory dispute procedures are followed. • Retaliation for exercising these rights is prohibited. Employees may sue for violations, and DLI may assess civil penalties. Employer references (Minn. Stat. § 181.967) Private employers are granted a qualified immunity when providing job references, unless the employee proves by clear and convincing evidence that the employer knowingly or recklessly
provided false, defamatory information with malicious intent to injure. Protected disclosures in response to a reference request include: • Dates of employment. • Compensation and wage history. • Job description and duties. • Training and education provided.
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