In most cases, an employee has the right to review his or her personnel file kept by their employer. Should an employer receive such a request from an employee, it is important that the business understand how to properly comply with the request under Illinois law.

Requests to review a personnel file are typically made in writing, and should be accommodated within seven days after the request. If this deadline cannot reasonably be met, then an employer may take up to a maximum of fourteen days to produce the requested documents. Employees are entitled to no more than two such reviews per calendar year, unless this right has been modified by contract.

Age Discrimination Claims
In the 1960’s the federal government recognized a need to protect the nation’s older generation of workers from employment discrimination due to age. After years of consideration, the Age Discrimination in Employment Act (“ADEA”) was signed into law in 1967.

Since the enactment of the ADEA, employers have faced a cascade of litigation stemming from age discrimination claims. A significant portion of these lawsuits have been wrongful termination claims. While some of these claims may have been justified, many businesses have been forced to defend frivolous lawsuits arising from lawful terminations. A basic understanding of age discrimination claims under the ADEA may help a business lawfully terminate an employee and protect itself from future litigation.
In order for a terminated employee to bring a lawsuit for wrongful termination due to age discrimination, the employee must be able to prove four basic elements. By understanding these four elements, an employer can legally terminate an older worker without fear of inviting a successful lawsuit under the ADEA.