Most employees never think about what their personnel file says until something goes wrong at work. Whether you are preparing for a performance review, facing disciplinary action, or leaving a job, it is important to know that in Illinois, you have the legal right to see what your employer has on file about you. This may become relevant in a divorce or parentage matter if someone is trying to impute income to you.
What the Law Says
The Illinois Personnel Records Review Act (820 ILCS 40) gives employees the right to review their personnel records. This law applies to most private employers in the state with at least five employees, excluding family members. It was created to ensure fairness and transparency in the workplace, giving employees the opportunity to understand and correct the information that affects their employment status (Illinois Compiled Statutes, 820 ILCS 40).
One important thing to know about the Personnel Records Review Act in Illinois is that it focuses on the content of the records, not where they happen to be stored. In other words, your employer must produce covered documents regardless of whether they are tucked away in a formal personnel file, scattered across different filing systems, or kept electronically. If a document was used to make a decision about your employment, it falls under the Act—even if it never made it into one neat folder with your name on it.
It is also worth remembering that the Personnel Records Review Act is not the only law that touches your employment records. Other state and federal laws may impose their own record-retention requirements on your employer. For example, the Illinois Minimum Wage Law and federal regulations like 29 CFR 516.2 require employers to keep detailed records of wages, hours, and other payroll information. So while the Personnel Records Review Act gives you the right to review your file, these other laws help ensure certain records exist in the first place.
What You Are Allowed to See
Your personnel file includes documents your employer uses to make decisions about your employment. This can include hiring documents, performance evaluations, disciplinary reports, promotion or transfer forms, and information about pay or benefits. According to the Illinois Department of Labor, employees can review any record that “is used, has been used, or may be used” to determine their qualifications, promotion, transfer, compensation, or discharge (Illinois Department of Labor FAQ).
Employees can make this request up to two times per calendar year. Once the written request is submitted, the employer must provide access within seven working days. If more time is needed, the employer can request an additional seven calendar days with a valid reason (Illinois Department of Labor FAQ). You may also ask for copies of your file, and the employer may charge only the actual cost of making the copies—not for time, labor, or other expenses.
Here is a detail that surprises a lot of people: records do not have to be physically held by your employer to be reviewable. If your company hires an outside vendor—such as a third-party payroll company or an external HR service—to maintain records on its behalf, those records are still subject to review under the Act. The fact that someone else is holding the paperwork does not let your employer off the hook.
It is also smart to look beyond the statute itself. Collective bargaining agreements, board policies, and employee handbooks can sometimes broaden the definition of “employee” or expand your access rights even further than the law requires. If you are a union member or work for a public body, reviewing those documents alongside the Personnel Records Review Act can give you a fuller picture of exactly what you are entitled to see.
Former employees also have rights under the same law. You can request access to your personnel file for up to one year after leaving a company (Illinois Department of Labor, Personnel Records Review Act).
What Is Not Included
While the Act gives employees broad access, not everything is included. Certain materials are excluded for privacy and business reasons. According to state guidance, employers are not required to provide:
- Letters of reference
- Background check results
- Test materials, except for total scores
- Trade secrets or confidential business records
- Medical records without a signed release
- Documents used in ongoing criminal or internal investigations (Illinois Department of Labor FAQ)
Employers are also not required to create documents that do not exist. If a record was never used to make a decision about your employment, you cannot compel the employer to produce it (Justia: Personnel Files Overview).
Correcting Errors in Your File
If you find incorrect or outdated information in your file, you have the right to request that it be removed or corrected. If your employer disagrees, you can write a statement explaining your position, and that statement must be kept in your file. When your records are shared with a third party, your statement must be included as well (Illinois Department of Labor FAQ).
Illinois law also protects you from having “secret” records used against you. If your employer intends to rely on a document in a disciplinary action or termination but did not include it in your personnel file, that document generally cannot be used in legal proceedings (Illinois Compiled Statutes, 820 ILCS 40).
How to Make a Request
To review your records, you must make a written request to your employer. The Illinois Department of Labor recommends including:
- A statement that you want to inspect or copy your personnel file
- Your preference for paper or electronic copies
- The name of any representative who will review the file for you
- A signed release if you are requesting medical documents
One question people often ask is, “Who exactly do I send this request to?” Under 820 ILCS 40/2(b), your written request should be directed to the person responsible for maintaining your employer’s personnel records. Depending on the company, that might be the Human Resources department, payroll, your supervisor, or another specific individual designated under a written company policy. If you are not sure who that is, your employee handbook or HR contact is usually the best place to start.
Keep in mind that some employers may require you to submit your request on a form they provide. That is perfectly allowed under the Act, so do not be thrown off if your company hands you a specific document to fill out. And here is the good news: you do not need to subpoena your own records or hire a lawyer just to see your file. The whole point of the Personnel Records Review Act is to make this process straightforward—a simple written request is all it takes to get the ball rolling.
The employer must respond within seven working days and schedule a time for inspection. Employers can require that the review take place during regular business hours, but they must make reasonable efforts to accommodate scheduling conflicts (Illinois Department of Labor FAQ).
When an Employer Does Not Cooperate
If your employer refuses to comply or does not provide access to your records within the required timeframe, you have the right to file a complaint with the Illinois Department of Labor. If the issue is not resolved within 180 days or the Department certifies it cannot resolve the complaint, you can file a civil lawsuit.
If the court determines that your employer violated the Personnel Records Review Act, you may recover damages, court costs, and reasonable attorney’s fees. If the violation was willful or intentional, the employer can also be fined $200 in statutory damages (Illinois Department of Labor, Personnel Records Review Act).
Why This Law Matters
Having access to your personnel file helps you understand how employment decisions are made about you. It also ensures you are aware of any performance issues or disciplinary actions listed in your record. Transparency promotes fairness and prevents surprises when applying for promotions, requesting raises, or responding to HR concerns.
This right is especially important if you ever face termination or legal action involving your job. Reviewing your personnel file can help ensure that the information being used against you is accurate and properly documented under Illinois law (Justia: Employee Personnel Files).
Final Thoughts
The Illinois Personnel Records Review Act protects your right to see and understand what is in your personnel file. Whether you are still employed or have recently left, exercising this right gives you valuable insight into how your employment history is recorded.
If your employer refuses to cooperate, the Illinois Department of Labor offers clear steps to enforce your rights and, if necessary, take legal action.
At Sterk Family Law, we believe that being informed about your employment rights is one of the best ways to protect yourself in and outside the workplace. Knowing what is in your personnel file gives you confidence, clarity, and the ability to take action when something does not look right.