Human Resource Blog

Personnel File Corrections

If there is incorrect information in a personnel file, does the employer have to correct it (if the employee provides the correct info)? Legally how long does the employer have before the personnel file has to be updated and/or changed, from the date of notification?

No, personnel files are not like credit reports. They are not open to the public, and for most types of information, there is no requirement that the employer update or correct the information, ever.

As an employer, the personnel files on your employees are your business documents. Employees have no right to view them, or to determine what is and is not placed in them. If a court provides a subpeona, then you must release a copy of the files, but there is still no requirement that you remove or update information.

Employers are required by law to keep certain types of accurate information on employees, such as the social security number. If the employee informs you that a social security number (or a name) is inaccurate, by all means you should change it as soon as possible. Certain other information such as the employees address should be kept accurate to avoid depriving the employee of his rights under FMLA and other relevant laws. But if an employee informs you that a written warning for tardiness is inaccurate because he had permission from another supervisor to be tardy that day, there is no legal obligation for you to remove that warning from his file.