A Workplace Decision Surprised You. Start by Understanding the Paper Trail
A warning, missed promotion or termination can leave you wondering what the employer relied on. Access to available employment records may help you compare the explanation with written policies, agreements and evaluations before deciding what to do next.
Need help interpreting a disputed workplace decision? Request an employment consultation with Lopez & Sanchez LLP.
Key takeaways
- Covered workers can request specified employment records in writing.
- Coverage generally includes employers with at least five employees and certain former employees within one year of separation.
- Ask clearly for the documents and delivery format you need.
- Exceptions apply, and missing records do not automatically prove misconduct.
Identify the records that matter
The Illinois Personnel Record Review Act covers specified decision-related records, employment agreements, handbooks and policies. The expanded document categories took effect January 1, 2025. This is an explanation of existing rights, not a newly announced October 2026 law.
Make your request easy to identify
| Include | Practical purpose |
|---|---|
| Your employment details | Help the company identify the correct person |
| Specific categories | Reduce uncertainty about what you seek |
| Inspection or copies | State the access you are requesting |
| Electronic or paper delivery | Set a usable format |
| Any representative | Explain who will inspect or receive records |
Send it to the right person
Use the employer’s designated records contact, which may be HR, payroll or a supervisor. Save a dated copy. IDOL states that the response is generally due within seven working days, with another seven calendar days available when the employer reasonably shows the initial deadline cannot be met.
Review the response carefully
Compare the production with your request. Some records are excluded, and employers need not create documents they do not maintain. If information is disputed, ask for a correction. When agreement is impossible, the statute provides a way to add a written statement explaining your position.
If access is refused, the Department of Labor has a complaint process. A records request should not be assumed to suspend a separate discrimination, wage or other filing deadline. Bring both the records and your chronology to a consultation. Learn about our employment practice.
Frequently asked questions
Can former employees request records?
The statutory definition includes certain former employees who separated within the preceding year.
Must an employer create missing documents?
No. The Act does not require creation of records the employer does not maintain.
Can I dispute information in my file?
You may request a correction and, if the employer disagrees, submit a written statement to accompany the disputed record.
Sources: IDOL overview, IDOL FAQ, 820 ILCS 40, complaint form. Checked October 19, 2026.
General information only; not a substitute for legal advice and not an attorney-client relationship.
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For informational purposes only. This content is not legal advice and does not create an attorney-client relationship.