New York Personnel File Inspection Requirements for Companies
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FAQ
Access, storage, format and destructionData must not be kept any longer than is necessary for a legitimate purpose and it must not be excessive. The emphasis is on the employer (the data controller) to have systems in place to determine how long the data should be retained and when records should be destroyed.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.
1) A company is under no obligation to provide anyone, including the affected employee, with a copy of any write-ups, disciplinary notes, the personnel file more generally, etc. 2) The company's notes or write-up is not a legal document, and so have not legal effect per se.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.
Do employees in New York have a statutory right to review or copy their personnel file? No. Unlike some states, New York law does not require an employer to allow employees to review or copy their personnel file, although nothing prevents an employer from permitting them to do so.
