For a variety of reasons, you might want to request a copy of your personnel file from your current or former employer. For example, you might want to see what corrective action your employer has taken against you or what information your employer used in deciding whether to hire you. Getting access to this information can be especially important if you’re considering taking legal action against your employer.
Under Nevada Law, Does Your Employer Have to Give You Access to Your Records?
Yes. NRS 613.075 says that if an employee asks to see his or her personnel file, then the employer must:
- Give the employee a reasonable opportunity, during usual business hours, to inspect any records used to determine the qualifications of that employee and any disciplinary action taken against the employee, including termination from that employment;
- Furnish the employee with a copy of the records.
Note that your employer doesn’t have to include the following records:
- Confidential reports from previous employers or investigative agencies;
- Other confidential investigative files concerning the employee;
- Information concerning the investigation, arrest, or conviction of the employee for the violation of any law.
The employer is allowed to charge you the actual cost for access to the file and copies of it. Also, your employer doesn’t have to give you access to your file unless you’ve been employed for more than 60 days.
Under NRS 608.115, your employer is also required to maintain records of your wages for 2 years and must give you a copy of those records within 10 days of requesting them.
Is There A Deadline for Requesting My File?
If you’re currently an employee, then you can ask to see your file at any time, but if you’ve been terminated, then you only have 60 days from the date of your termination to ask to see your personnel file or get a copy of it. If you want wage records, then you might need to request them specifically because a separate law governs them. There isn’t a deadline for requesting wage records, but employers are only required to keep them for 2 years.
What if I Want to Respond to Something in My File or Contest It?
Nevada law requires your employer to let you submit a “reasonable written explanation in direct response” to anything written in your personnel file. If you can show that anything in the file is inaccurate or incomplete, then your employer has to change the record accordingly.
What’s the Best Way to Request My Personnel File?
The best way is to submit a written request to the person or department in charge of personnel files. You also might want to copy anyone else you think should know about your request.
If you need help requesting your file, I can provide a form for you to use for a small fee, or you can hire me to write and submit a request for you. If you have trouble obtaining your file, you can also fill out a form at this link to ask the Nevada Labor Commissioner to request it for you.