New York Employee Right to Review Personnel File
Access to your personnel files
"This is going on your permanent record."
These might have been words near people dreaded hearing when they were in school, only the phrase tin can be equally as intimidating in the workplace. The proficient news is you take more rights as a working developed than y'all did as a educatee and y'all are guaranteed certain protections in the workplace.
But do these protections guarantee the right to meet your personnel file?
It depends.
In most cases, you won't give thought to your personnel file until something happens. Yous might not receive the heighten you were hoping to get or exist passed up for a promotion and you lot're wondering if something in your file affected the advancement y'all were expecting.
Your file might also come to mind when you consider a search for a new job or consider whether you signed sure human resources documents when y'all were hired.
Regardless of the reason, many employees have a need or desire to access their personnel files at some point. They might even want to make copies of something contained with their file or discuss an issue that pertains to their file.
Do You Have Right to See Your Personnel File?
Whether or not you lot'll be able to gain access to your file depends on a few things.
At that place is no federal law mandating admission to an employee's file if they piece of work in the private sector. About a third of states grant some access, but this is not the case in New York.
Despite no official protection guaranteeing admission to a personnel file in New York, y'all might still be able to view your file.
Before attempting to practice so, consider the following:
Your employer's policy regarding personnel files.
Some employers accept a policy that allows access to personnel files, so all y'all'll need to do is ask. You might demand to fill out a form or provide notice to your Hour department, merely if the visitor's policy is to share personnel files with employees, they'll need to follow through if you inquire.
Your spousal relationship understanding might guarantee access.
If you are function of an employee union, the commonage bargaining agreement might entitle you to access to your personnel file. You tin speak to your union representative to determine whether or non any policies are in place.
Yous might be able to see your file if yous just ask.
Even if there are no laws or policies in identify that grant access to your file, some employers are happy to share information technology with you anyhow. It doesn't injure to ask, but it's probably a good idea to put your asking in writing with a brief explanation of why you wish to see your file. Submit your written request via e-mail so there is proof information technology was sent and received.
Should you lot be granted access to your file, make sure you ask about whatever policies for handling the information. What'due south in your personnel file is nearly you, but it's the property of your employer and yous need permission to brand copies, take notes, or snap a photo.
What If You Can't Run across Your Employment Personnel File?
If you are having issues at work that involve some sort of illegal conduct on the function of your employer and you take legal action, you may have the ability to obtain documents in your file through a process called discovery. The contents of your file could be revealed during the discovery process.
Likewise, if you lot encounter your file and determine something is wrong and your employer refuses to correct it, or something contained in your file violates whatever laws, you lot accept a right to speak to an attorney.
Go on in mind, any medical data you've shared with your employer should non be part of your personnel file. Medical information is to be kept in a separate file. If yous find any health or medical records in your personnel file, y'all should consult with an attorney as presently as possible.
For more information on how medical information must be handled in the workplace, check out this information from Workplace Fairness.
Your personnel file might comprise valuable information that tin take a begetting on your electric current and time to come employment situations. If you lot are concerned about the contents of your personnel file and you accept non been granted admission to review the file, or if your review reveals issues, it's important to speak to an attorney. For more information or to schedule a consultation, contact Borrelli & Associates, P.L.L.C.
Source: https://www.employmentlawyernewyork.com/news/latest/am-i-legally-entitled-to-see-my-personnel-file.html