Know Your Rights, and Don’t Hesitate to Act
The Wisconsin Department of Workforce Development (DWD) has a formal complaint process to help employees enforce their rights. This blog post offers some steps that you can take to file a Labor Standards Complaint if your employer isn’t fulfilling your request for access to your personnel file.
Under Wisconsin law, you have the right to access the personnel file that your employer compiles and keeps during your employment. Obtaining your personnel file from your employer is an essential step of any worker’s compensation or employment case. If your employer is not complying with the law, filing a complaint with the DWD is a straightforward way to hold them accountable.
For more information on what a personnel file is, please visit: https://hawksquindelst.wpenginepowered.com/blog/employment-law/employee-personnel-records-rights-html/
How To Access Your Personnel File
Pursuant to Wisconsin Statute § 103.13, both current and former employees have the right to inspect their personnel file up to two times per calendar year. Once you submit a written request, your employer has seven working days to make the file available for review.
You also have the right to request copies of the documents in your file. Your employer can charge you a reasonable fee for copying, but they cannot refuse access altogether.
Step 1: Make a Formal Written Request
To trigger your rights under the law, your request must be in writing. You can send an email, mail a letter, or even hand-deliver a request. Make sure to keep a copy of your request, along with proof of delivery to the employer.
Your written request should include:
- Your full name
- Your dates of employment
- A clear statement that you’re requesting access to your personnel file under Wis. Stat. § 103.13
- The preferred method of delivery (email, mailing address, etc.)
Step 2: Wait Seven Working Days
Once the employer receives your written request, they have seven working days to respond and provide access.
Step 3: Gather Documentation
If the employer fails to provide access to your personnel file within the time limit, you’ll need to document the following before filing a complaint:
- The date you submitted your request
- The method of delivery (email, mail, etc.)
- Any follow-up communication that you sent the employer
- Any response to your request from the employer
- Copies of the request(s) and correspondence
Step 4: File a Labor Standards Complaint with the Wisconsin DWD
You can now file a complaint with the Wisconsin Department of Workforce Development – Labor Standards Division.
What to Include in the Labor Standards Complaint:
- Your full name and contact information
- Your employer’s name and contact information
- A description of your job and employment dates
- A summary of your written request and your employer’s failure to respond
- Attach any supporting documentation (emails, receipts, letters)
Sample Complaint Language
Here is a short example of what you might write in your complaint:
“I am filing this complaint because my employer, [Employer Name], has not responded to my written request to review my personnel file, which I submitted on [Date]. I have attached copies of my original request and related correspondence.”
How to File the Complaint:
You can download the complaint form and submit it online or by mail. Visit the DWD’s Labor Standards page to obtain the complaint form: https://dwd.wisconsin.gov/er/laborstandards/
What Happens After Filing?
The DWD may contact both you and your employer to investigate your complaint. If the complaint is valid, they will typically work to bring the employer into compliance and obtain access to your personnel file.
If you are looking for help obtaining your Personnel file or have questions about it, contact one of our experienced attorneys today!