Michigan Laws 423.506 – Divulging disciplinary report, letter of reprimand, or other disciplinary action; notice; exceptions
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(1) An employer or former employer shall not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party, to a party who is not a part of the employer’s organization, or to a party who is not a part of a labor organization representing the employee, without written notice as provided in this section.
(2) The written notice to the employee shall be by first-class mail to the employee’s last known address, and shall be mailed on or before the day the information is divulged from the personnel record.
Terms Used In Michigan Laws 423.506
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee: means a person currently employed or formerly employed by an employer. See Michigan Laws 423.501
- Employer: means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal, business, or commercial entity which has 4 or more employees and includes an agent of the employer. See Michigan Laws 423.501
- Personnel record: means a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. See Michigan Laws 423.501
- shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
(3) This section shall not apply if any of the following occur:
(a) The employee has specifically waived written notice as part of a written, signed employment application with another employer.
(b) The disclosure is ordered in a legal action or arbitration to a party in that legal action or arbitration.
(c) Information is requested by a government agency as a result of a claim or complaint by an employee.