The Illinois Personnel Records Review Act
Are you currently employed in Illinois or have been terminated from an Illinois-based job in the past year? You may be entitled to promptly review or obtain a copy of your personnel file.
Current and recently-terminated workers in Illinois are entitled to see their personnel files.
The Illinois Personnel Records Review Act (IPRRA) provides that employees within the state may review certain of their personnel records up to one year after leaving employment. The employer is required to allow the employee to review the files within seven working days unless the employer can show that deadline cannot reasonably be met. After the initial review, the employee may request a copy of their personnel records. The employer may charge a fee for the copy, but that fee is limited to the actual cost of duplication.
Except under certain limited circumstances, the IPRRA also prohibits employers from keeping certain types of records about its employees, associations, political activities, publications, communications or nonemployment activities.
If an employer violates the IPRRA, the employee may be entitled to damages, attorneys’ fees, and be able to prevent an employer from using documents that were improperly excluded from the personnel file in a future legal proceeding.
Attorney Jeffrey Kmoch has extensive experience litigating and counseling on matters associated with proper compliance with the IPRRA. If you want assistance obtaining or reviewing a copy of your personnel file, were denied the opportunity to review your personnel file, or believe your personnel file contains is incomplete or contains inaccurate or improper information, call today for a free consultation.
The IPRRA only permits former employees to review their personnel file within the first year following their termination and limits how frequently employees can review their records. Statutes of limitations apply for claims brought to address violations of the IPRRA. Time may be of the essence.