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By law am I entitled to a copy of my yearly review from my employer or a copy of my personnel file? I asked and was told no.

Monroe, NY |

I got my review and there are things in there that were brought up that are completely different from my employment contract. I would like a copy to have to go on when I go back and question them.

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Attorney answers 3

Posted

In New York, no law that requires employers to provide employees with access or copies of their personnel files. However, a party in a lawsuit could compel disclosure of the file through a subpoena. Some other states, such as Connecticut, do have laws that provide employees access to personnel records. Some employers have a written policy that allows employees to review their personnel file. If your employer has such a policy, then you should at least be able to look at the file, even if you can't get a copy. Good luck.

Posted

PERSONNEL FILE

You are not legally entitled to your personnel file or your annual review. It is corporate property.

Posted

No, unless you are in ongoing litigation and the file is pertinent to your case and has been requested in discovery.

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