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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I have been under new supervision and feel harrassed by not

Customer Question

I have been under new supervision and feel harrassed by not being allowed to leave my supervisor's office and being told I need to share what is bothering me. I have now received a written warning and told there is no "sundown" time or time of satisfaction of what she deems as unacceptable behavior. She seems to add something each time we meet without any sense that I will meet her expectations. It feels hostile as if I do not do whatever she asks whenever she asks I will be insubordinate. I have asked to review my personnel file. What are my rights?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 8 months ago.

Wisconsin law requires that an employer provide an employee, upon his or her request, with a copy of the employee’s file, also called a “personnel file.” A Wisconsin employer must provide the personnel file to current and former employees upon their request.

In Wisconsin, an employer is required by law (Wis. Stat. §103.13):

Also understand that you are not required to be subjected to harassment on the basis of gender, race, religion, disability or age. If you believe you are being harassed on those grounds, a lawsuit could be pursued.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

  • to keep a personnel file for every employee;
  • to include, within that file, any documents used in determining the employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action; and
  • to allow the employee to view the personnel file, or get copies of the personnel file, within seven (7) working days of the employee’s written request.
  • ow to Request the Employer’s Disclosure of Documents

    If you are a Wisconsin worker and want your employer or former employer to give you copies of your personnel file documents (or give you a chance to review the file at the employer’s premises), you should consider writing a letter that simply asks for a copy of your personnel file, or for access to the file.

    If your first written request does not work (most of the time it will), then you can consider writing a second letter that (1) repeats the request for your personnel file documents; and (2) states the law (“Wis. Stat. §103.13”) that requires the employer provide you with the documents.

    Please note that the context of your request makes a difference, and your request should be polite no matter what the context. For example, if an employer fires an employee, and two days later the employee writes a letter stating “I want copies of all my records BECAUSE THEY WILL PROVE YOU ARE LYING!!!!!” this sort of request will obviously not go over well, and will tip the employer off that the employee may have intentions to pursue a dispute or litigation.

    Your communications with the employer should always be polite. If requesting the documentation at a particular time (e.g. right after you’ve been disciplined) will tip the employer off that you have concerns about your employment (and you don’t want the employer to know you are examining those concerns), you may considering waiting for a better time, if possible

Expert:  Attorney2020 replied 8 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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