--- title: "Personnel Files: Employer Requirements" description: Terminated employees who are disgruntled always ask for a copy of their personnel file. Plaintiff's lawyers will direct their clients to get the file as a starting point for wrongful termination claims. --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/personnel-files-employer-requirements#) 10/17/2018 # Personnel Files: Employer Requirements - - - - - [mailto:?subject=Personnel%20Files%3A%20Employer%20Requirements&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fpersonnel-files-employer-requirements](mailto:?subject=Personnel%20Files%3A%20Employer%20Requirements&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fpersonnel-files-employer-requirements) Terminated employees who are disgruntled always ask for a copy of their personnel file. Plaintiff's lawyers will direct their clients to get the file as a starting point for wrongful termination claims. What do you do if you are asked for the personnel file? What should be in it? First, as the employer, you are not required to create records to keep in a personnel file. But, if you do have certain records, you have to maintain them. The records you are required to keep include applications, pay related documents, disciplinary actions, and performance reviews. If you are asked by an employee for his file, you have to produce the file for inspection and copying. Practically speaking though, you'll prefer to copy the file and provide it to the ex-employee. I do not recommend permitting a disgruntled, terminated employee onto the job site. Start from here and accumulate your personnel files. Do note that electronic retention is permitted so long as the records can be produced. Any questions? Give me a call and let's work through it. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site. - [disgruntled](https://www.gallatin-law.com/blog/tag/disgruntled), - [employee](https://www.gallatin-law.com/blog/tag/employee), - [files](https://www.gallatin-law.com/blog/tag/files), - [personnel](https://www.gallatin-law.com/blog/tag/personnel), - [responsibilities](https://www.gallatin-law.com/blog/tag/responsibilities), - [rights](https://www.gallatin-law.com/blog/tag/rights), - [termination](https://www.gallatin-law.com/blog/tag/termination) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [07/13/2016 Gallatin Law, PLLC Prevails at Trial After four days in trial, a Hennepin County jury returned a verdict in favor of Gallatin Law, PLLC's client. I defended a small Minnesota corporation… Read Post ](https://www.gallatin-law.com/blog/gallatin-law-pllc-prevails-at-trial) [![Is Your LLC Dissolved?](https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAFsXocPUb0.png) 08/23/2023 Is Your LLC Dissolved? 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