BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT
Act 397 of 1978
423.503 Review of personnel record by employee.
Sec. 3.
An employer, upon written request which describes the personnel record, shall provide the employee with an opportunity to periodically review at reasonable intervals, generally not more than 2 times in a calendar year or as otherwise provided by law or a collective bargaining agreement, the employee's personnel record if the employer has a personnel record for that employee. The review shall take place at a location reasonably near the employee's place of employment and during normal office hours. If a review during normal office hours would require an employee to take time off from work with that employer, then the employer shall provide some other reasonable time for the review. The employer may allow the review to take place at another time or location that would be more convenient to the employee.
History: 1978, Act 397, Eff. Jan. 1, 1979
PopularName Notes:
Right-to-Know
Notes of Decisions
Richardson v. Wal-Mart Stores, Inc., 836 F.3d 698 (6th Cir. 2016).
“Mich. Comp. Laws § 423.503 . Nothing in that statute dictates that all records relating to an employee must be maintained in a paper-file format.”
Mikedis v. Perfection Heat Treating Co., 446 N.W.2d 648 (Mich. Ct. App. 1989).
“Count i was a claim for malicious, intentional and distressful harassment by plaintiff’s work supervisors; Count ii was for violation of the Employee Right to Know Act, MCL 423.503; MSA 17.62(3); Count in was Patricia Mikedis’ claim for loss of consortium.”
Crockett v. Audi of Am., Inc. (E.D. Mich. 2024).
· cites it 4× “4, 2019) (citing Mich. Comp. Laws § 423.503 .) The Act also provides that when documents are not included in an employee’s personnel file but should have been included as required by the Act, the documents cannot be used by the employer in a judicial proceeding, subject to some…”
Thomas G Stauffer v. Acrisure LLC (Mich. Ct. App. 2026).
· cites it 3× “-5- MCL 423.503 requires “[a]n employer, upon written request which describes the personnel record, shall provide the employee with an opportunity to periodically review at reasonable intervals .”
Mary Lou Bonacci v. Ferris State Univ. (Mich. Ct. App. 2015).
· cites it 2× “] The act also permits an employee to obtain a copy of their personnel file following a review, conducted in accordance with MCL 423.503, or to obtain a copy of the file “[i]f an employee demonstrates that he or she is unable to review his or her personnel record at the…”
Earl D Booth v. Dep't of Corr. (Mich. Ct. App. 2018).
“[MCL 423.503.] In contrast with the exemption under consideration in Booth I, the ERKA specifically defines the term “personnel record.”
Earl D Booth v. Dep't of Corr. (Mich. Ct. App. 2018).
“[MCL 423.503.] In contrast with the exemption under consideration in Booth I, the ERKA specifically defines the term “personnel record.”
Earl Booth v. Dep't of Corr. (Mich. Ct. App. 2020).
“-3- Under MCL 423.503, an employer must provide an employee who makes a written request an opportunity to review the employee’s personnel record if the employer has a personnel record for that employee.”
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