Throughout an employee’s tenure at a company, they may request to see their personnel file. However, there’s no New York law that requires an employer to grant access to its employee’s personnel file. Likewise, there’s no federal law that requires employers to share personnel files with their employees either.
So what should an employer do when an employee demands to see their personnel file?
First, consider the circumstances and consult legal counsel. Remember that while there are no New York State or federal laws compelling disclosure, there’s also no law prohibiting an employer from showing an employee their own personnel file. Second, it’s always important to note that if an employer or union has policies that allow members to access their personnel file, then an employee may very well have the right to see it.
The rights can be limited to simply viewing the personnel file or can extend to copying or photographing it. It is critically important to understand what rights your employees have with their personnel files and to apply your policies consistently across the board.
At The Coppola Firm, we’re experienced counselors and advisors who can help you through these thorny issues.
Contact us at any time at firstname.lastname@example.org or 716.839.9700.