Here are helpful websites concerning employee rights to personnel records:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2395&ChapterID=68 Section 2 says employer may require employee to use a form supplied by the employer
https://www.illinois.gov/idol/FAQs/Pages/personnel-records-review-faq.aspx
https://www.illinois.gov/idol/Laws-Rules/legal/Pages/personnel-records-review-act.aspx
https://www.hrsource.org/maimis/Members/Articles/2016/05/May_03/Personnel_Files___Employees__Right_to_Review.aspx (employer’s perspective of the law)
Unless an employer requires a specific form to be used, an employee or former employee may decide to send an email or letter requesting to inspect his or her personnel file and any personnel documents which have been used in determining his or her qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action pursuant to the Illinois Personnel Record Review Act.
Concerning job references, an employer or an authorized employee or agent acting on behalf of their employer is immune from liability if such employer, employee or agent: “...upon inquiry by a prospective employer, provides truthful written or verbal information, or information that it believes in good faith is truthful, about a current or former employee’s job performance is presumed to be acting in good faith and is immune from civil liability for the disclosure and the consequences of the disclosure. The presumption of good faith established in this Section may be rebutted by a preponderance of evidence that the information disclosed was knowingly false or in violation of a civil right of the employee or former employee.” (745 ILCS 46/10). There are a number of remedies available in the event that violations occur under the Act.
Prior to initiating any litigation based on the PRRA, an employee is required to pursue an administrative remedy through the Illinois Department of Labor. In a case decided by the Northern District of Illinois in 2001, the Court determined that the filing of a complaint with the Illinois Department of Labor was a prerequisite to bringing a suit for an alleged violation of the Illinois Personnel Record Review Act. In construing the plain and ordinary meaning of the Act, the Court concluded that “the Illinois legislature intended that the director of the Department of Labor be the primary enforcer of the statute, and that an employee’s private right of action arises only when the director is unable to resolve the dispute between the parties and also elects to forego legal recourse.” An employee may ultimately pursue an action in the appropriate circuit court in order to compel compliance with the Act’s requirements. Failure to comply with an order of the court may be punished as contempt. In addition, the court may award an employee the employee’s actual damages plus costs which may result from a violation of the Act. For a willful violation, an employee would be awarded $200 plus costs, reasonable attorney’s fees, and actual damages.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2395&ChapterID=68 Section 2 says employer may require employee to use a form supplied by the employer
https://www.illinois.gov/idol/FAQs/Pages/personnel-records-review-faq.aspx
https://www.illinois.gov/idol/Laws-Rules/legal/Pages/personnel-records-review-act.aspx
https://www.hrsource.org/maimis/Members/Articles/2016/05/May_03/Personnel_Files___Employees__Right_to_Review.aspx (employer’s perspective of the law)
Unless an employer requires a specific form to be used, an employee or former employee may decide to send an email or letter requesting to inspect his or her personnel file and any personnel documents which have been used in determining his or her qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action pursuant to the Illinois Personnel Record Review Act.
Concerning job references, an employer or an authorized employee or agent acting on behalf of their employer is immune from liability if such employer, employee or agent: “...upon inquiry by a prospective employer, provides truthful written or verbal information, or information that it believes in good faith is truthful, about a current or former employee’s job performance is presumed to be acting in good faith and is immune from civil liability for the disclosure and the consequences of the disclosure. The presumption of good faith established in this Section may be rebutted by a preponderance of evidence that the information disclosed was knowingly false or in violation of a civil right of the employee or former employee.” (745 ILCS 46/10). There are a number of remedies available in the event that violations occur under the Act.
Prior to initiating any litigation based on the PRRA, an employee is required to pursue an administrative remedy through the Illinois Department of Labor. In a case decided by the Northern District of Illinois in 2001, the Court determined that the filing of a complaint with the Illinois Department of Labor was a prerequisite to bringing a suit for an alleged violation of the Illinois Personnel Record Review Act. In construing the plain and ordinary meaning of the Act, the Court concluded that “the Illinois legislature intended that the director of the Department of Labor be the primary enforcer of the statute, and that an employee’s private right of action arises only when the director is unable to resolve the dispute between the parties and also elects to forego legal recourse.” An employee may ultimately pursue an action in the appropriate circuit court in order to compel compliance with the Act’s requirements. Failure to comply with an order of the court may be punished as contempt. In addition, the court may award an employee the employee’s actual damages plus costs which may result from a violation of the Act. For a willful violation, an employee would be awarded $200 plus costs, reasonable attorney’s fees, and actual damages.