Three Things Employees Should Know About Their Personnel File
1) Am Entitled To A Copy of My Personnel File?
If you want to inspect or receive a copy of your personnel file you can make a request to your employer in accordance with RSA 275: 56 and Lab Rule 802.09. Under New Hampshire law employees are entitled to receive a copy of their employee personnel file upon request.
Employers can charge employees a reasonable cost for copying the file, and may require that employees submit the request in writing, but must provide an copy of the employee’s file upon request.
2) What is included in my personnel file?
"Personnel file" is defined quite broadly under New Hampshire law to generally include any personnel document generated by the employer, pertaining to the employee, kept in any location. This means that if your supervisor has been keeping supervisory or disciplinary notes in his desk those documents will likely still be considered part of your "personnel file" whether not they were kept in the human resources office or elsewhere.
3) What if I disagree with information that's contained in my personnel file?
RSA 275:56 entitles employees in New Hampshire to provide a written statement in response to any contested information contained in their employee file and the employer must include that statement in the personnel file.
While it's important to document the employee’s side of an interaction, it's also important to do this very carefully. This is not an opportunity to vent at an employer and any information contained in a written response must be accurate and communicated in a professional manner. The best course of action might be to consult with an experience appointed attorney before taking any action that could be used later in a disciplinary or wrongful termination action.
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