Common Practices

• Usually, personnel files are limited to the individual that the file concerns and the employee's human resources person. Other information in the file is released on a need-to-know basis or as directed by a court summons.
  
  

Legal Concerns

• Some information that may be contained in personnel files, such as tax forms or other official information, may contain sensitive personal data including marital status, home address, national origin and age of the employee. Knowledge of this information by a supervisor or manager who does not need to know it may lead to discrimination that could cause the employee to sue for improper treatment.
  
  

State Laws

• Some states, such as Massachusetts and California, have specific laws about personnel files. California makes a distinction between a personnel file and a supervisor's file. A personnel file contains official information that the employee is already aware of. Employees can review a personnel file by requesting the file. Supervisor's files, on the other hand, contain documentation of incidents and behavior. Only the current supervisor of the employee can edit and review the information in this file.