Q. I work for a Colorado company, and I have received letters of commendation from some of our clients saying what a great job I have done for them in my position. I have submitted them to HR to include in my personnel file. I have asked HR for a copy of my personnel file, and they are telling me that I am not allowed to have a copy of my own personnel file. I checked my employee handbook, and there is no policy on personnel files. HR won't budge and won't give me my file. Can my boss really do that?
A. In Colorado, yes. There is no federal or Colorado state law protecting employees' rights to the personnel files maintained by their private employers. Since these files contain information that could affect workers into the future, employees often would like to see what is in the file, whether it is correct, and when certain personnel actions have occurred. Some employers provide access to personnel files, usually by including something in the handbook, or even allowing employees to verbally request copies. But it is not required in Colorado.
Some states require some form of access, even if it is limited to a review without the opportunity to make copies. The on-line Business Owner's Toolkit provides an excellent summary of state laws on access to personnel files, as well as a recommendation that employers should "allow reasonable access to personnel files as part of a policy of treating employees with fundamental fairness."
Whether Colorado ultimately will pass a law protecting employees' right of access to their workplace information remains an open question. For now, you should keep home copies of all documents provided to you including commendations, discipline, reviews, contracts, handbooks, benefits, and any other documents relating to your employment and work performance.
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