Sec. 2. Personnel record information which was not included in the personnel record but should have been as required by this act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judicial proceeding or in the opinion of the hearing officer in a quasi-judicial proceeding, was not intentionally excluded in the personnel record, may be used by the employer in the judicial or quasi-judicial proceeding, if the employee agrees or if the employee has been given a reasonable time to review the information. Material which should have been included in the personnel record shall be used at the request of the employee.
Mich. Comp. Laws § 423.502
Personnel record information excluded from personnel record; use in judicial or quasi-judicial proceeding
Applied in 2 court decisions — leading case Beauchamp v. Great West Life Ins. Assur. Co. (1996)
Most recently applied in Russell v. Bronson Heating and Cooling (November 2004)
1978, Act 397, Eff
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.