Michigan Laws 423.502 – Personnel record information excluded from personnel record; use in judicial or quasi-judicial proceeding
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 423.502
- 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
Personnel record information which was not included in the personnel record but should have been as required by this act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judicial proceeding or in the opinion of the hearing officer in a quasi-judicial proceeding, was not intentionally excluded in the personnel record, may be used by the employer in the judicial or quasi-judicial proceeding, if the employee agrees or if the employee has been given a reasonable time to review the information. Material which should have been included in the personnel record shall be used at the request of the employee.