Minnesota Statutes

Minn. Stat. § 181.962 (2026)

Removal Or Revision Of Information

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Agreement; failure to agree; position statement.

(a) If an employee disputes specific information contained in the employee's personnel record:

(1) the employer and the employee may agree to remove or revise the disputed information; and

(2) if an agreement is not reached, the employee may submit a written statement specifically identifying the disputed information and explaining the employee's position.

(b) The employee's position statement may not exceed five written pages. The position statement must be included along with the disputed information for as long as that information is maintained in the employee's personnel record. A copy of the position statement must also be provided to any other person who receives a copy of the disputed information from the employer after the position statement is submitted.

Subd. 2.Defamation actions prohibited.

(a) No communication by an employee of information obtained through a review of the employee's personnel record may be made the subject of any action by the employee for libel, slander, or defamation, unless the employee requests that the employer comply with subdivision 1 and the employer fails to do so.

(b) No communication by an employer of information contained in an employee's personnel record after the employee has exercised the employee's right to review pursuant to section 181.961 may be made the subject of any common law civil action for libel, slander, or defamation unless:

(1) the employee has disputed specific information contained in the personnel record pursuant to subdivision 1;

(2) the employer has refused to agree to remove or revise the disputed information;

(3) the employee has submitted a written position statement as provided under subdivision 1; and

(4) the employer either (i) has refused or negligently failed to include the employee's position statement along with the disputed information or thereafter provide a copy of the statement to other persons as required under subdivision 1, or (ii) thereafter communicated the disputed information with knowledge of its falsity or in reckless disregard of its falsity.

(c) A common law civil action for libel, slander, or defamation based upon a communication of disputed information contained in an employee's personnel record is not prohibited if the communication is made after the employer and the employee reach an agreement to remove or revise disputed information and the communication is not consistent with the agreement.

Notes of Decisions

Cited in 5 cases, 1994–2011 · leading case: Lloyd v. in Home Health, Inc., 523 N.W.2d 2 (Minn. Ct. App. 1994).

Sort: Relevance Newest Treatment

Lloyd v. in Home Health, Inc., 523 N.W.2d 2 (Minn. Ct. App. 1994). · cites it 12× “962 provides that: (a) If an employee disputes specific information contained in the employee’s personnel record: (1) the employer and the employee may agree to remove or revise the disputed information; and (2) if an agreement is not reached, the employee may submit a written…”

White v. Blue Cross & Blue Shield of Massachusetts, Inc., 21 I.E.R. Cas. (BNA) 705 (Mass. 2004). “See Minn. Stat. Ann. § 181.962 (2) (West 1993) (barring self-defamation claims based on employee’s review of own personnel file); Minn.”

J.K. ex rel. Kaplan v. Minneapolis Pub. Schs., 849 F. Supp. 2d 865 (D. Minnesota 2011). · cites it 2× “5 ("No action for libel or slander may be brought or maintained unless the party charged with such defamation has published, either orally or in writing, the defamatory statement to a person other than the person making the allegation of libel or slander.”

Emery v. Ne. Illinois Reg'l Commuter R.R. Corp., 377 Ill. App. 3d 1013 (Ill. App. Ct. 2007). “933 (d) (1987) (no communication by employee of reasons given by employer in writing for termination may give rise to an action for libel, slander or defamation); see also Minn. Stat. §181.962 (2) (1989) (no communication by employee of information obtained from employee’s…”

Emery v. Ne Ill. Reg'l Commuter Rr, 880 N.E.2d 1002 (Ill. App. Ct. 2007). “933(d) (1987) (no communication by employee of reasons given by employer in writing for termination may give rise to an action for libel, slander or defamation); see also Minn.Stat. § 181.962(2) (1989) (no communication by employee of information obtained from employee's…”

— Minn. Stat. § 181.962(2) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.