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Do Employees Have A Right To Access Their Personnel Files? | Illinois Employment Law

Updated on
October 28, 2019
Article written by
Attorney Kevin O'Flaherty

According to the Illinois Personnel Records Review Act (820 ILCS 40), employees have a right to request a review of their personnel records twice a year during their employment and for up to one year after their employment is terminated.

‍​Employees are also entitled to a obtain a copy of their Employer's personnel records.  However, the employer is permitted to charge a fee for copying the records, which must be limited to the actual cost of producing the copy.  

‍You should note that the Act does not require an employer to create  any personnel records, so the employee is only required to review personnel records to the extent that the employer has created them.  However, any documents that the employer intends to use to support termination or discipline must be maintained in the employee's personnel file, or they will be inadmissible by the employer as evidence. ​

Do Employees Have A Right To Access Their Personnel Files? | Illinois Employment Law
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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