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In this series, we will explore some of the ways states vary from one another in their employment laws.
When it comes to employment relationships, employers usually hold all the power over employees. Employers determine whether employees should be disciplined and decide how employees' performance should be rated, largely without employee feedback. With at-will employment, if employees don't like it, they are free to leave. However, a few states give employees a little space to push back against their employers.
For example, the Connecticut Personnel Files Act allows employees to inspect their personnel records. If an employee disagrees with any of the information contained in their personnel file, they may request removal or correction of that information. Assuming the employer does not agree to make the change, the employee has the right to submit a written statement explaining their position, and that statement must be maintained as a part of the employee's personnel records.
Michigan's Bullard-Plawecki Employee Right to Know Act provides a similar right. If an employer does not remove or correct a disputed document from an employee's personnel file at the employee's request, the employee has the right to submit a written statement of their position and that statement must be included in the employee's file.
Ultimately, this right to be heard may not provide employees with a significant amount of power. An employer is free to disagree with the employee statement and to make whatever personnel decisions it ultimately chooses. However, at very least, employees in some states have the right to be heard and to make a record of their disagreement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
