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I’m in Michigan.
I requested to see my personnel file. My supervisor contacted HR, who only
found one document in the electronic file something I signed when I took over
my computer and monitor. They said they don’t keep anything else.
I’m sure that there are records of my reviews the most recent are available to
me in the regular company site, but the older ones are not, awards,
disciplinary actions I’m trying to find out if there is any written actions,
as they have been rather vague when they discussed issues with me, etc.
I anticipate my manager has a file of her own, but I don’t know if that would
be considered an official ‘personnel file’, so I don’t know what she feels she
can provide for me.
What should my next step be if they claim to not have any other information for
Asked on January 11, 2019 under Employment Labor Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
You can't take any steps to get the file or have any rights to it, unless you end up in litigation (e.g. suing or being sued by your employer) and the file (if it exists) may be relevant to the case. In a lawsuit, there are legal mechanisms or procedures to see or get copies of any file. Otherwise, the file may be about you but it belongs to them--it is their file, their documentation. You have no more right to it than they have to see any emails or text messages you sent to friends about your job, or any notes you personally keep about your work or employer.