Can I Get a Copy of My Personnel File?

By Benjamin T. King – New Hampshire Employment Attorney

What does your employer do with any “write-ups” your employer may give you? Generally, the employer places write-ups in your personnel file. Your personnel file is a file that the employer maintains containing documents relating to your employment. The personnel file may contain documents such as your employment application, benefits information, performance reviews and documentation of any verbal or written warning, reprimands or counseling you may have received.

You are entitled to inspect and/or copy your personnel file. If you want to do so, you should make a request of your employer. If your employer says you cannot, you should know that New Hampshire law says differently. R.S.A. 275:56 states that “every employer shall provide a reasonable opportunity for any employee who so requests to inspect such employee’s personnel file and further, upon request, provide such employee with a copy of all or part of such file.” “An employer may only charge the employee a fee reasonably related to the cost of supplying the requested documents,” the statute goes on to say.

Furthermore, if you disagree with any of the information contained in your personnel file, and you and your employer cannot agree on the removal or correction of such information, RSA 275:56 states that you may prepare a written statement disputing the contested information. The employer must include your statement in your file.

Personnel files almost always come into play in wrongful discharge and employment discrimination cases. If you believe you may have been wrongfully fired, or you believe you have suffered employment discrimination, you should consult an experienced employment attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.

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