Personnel files contain essential records ranging from performance evaluations to disciplinary actions, employment history, and more. Employees have rights when it comes to access to the information contained in their personnel files. Understanding these rights is important for both parties to ensure transparency, compliance with the law, and to maintain a fair and healthy work environment.
Under New Hampshire law, RSA 275:56, affords an employee the right to examine their personnel file and even contest its contents. RSA 275:56 is a New Hampshire statute that provides specific guidelines for how employers must handle employee requests to inspect and obtain copies of their personnel files. In this blog post, we will explore the key provisions of this law, how it affects both employees and employers, and what both parties should know to comply with the regulations.
I. Employee Right to Inspect Personnel Files
Under RSA 275:56, employees have the right to inspect their personnel file upon request. This section of the law ensures that employees can view the documents that their employer maintains regarding their employment status, performance, and history. In other words, if an employee wants to understand the contents of their file, they are entitled to request access to it.
What does the law say about employee access?
The statute specifies that employers must provide a "reasonable opportunity" for employees to inspect their personnel file. This means that employees should have a convenient and accessible time and place where they can view the file, typically during business hours. Employers cannot unreasonably restrict access or make the process difficult or inconvenient for employees.
Additionally, employees are also entitled to obtain copies of their personnel file. This is important because employees may want to keep a copy of their performance reviews, disciplinary records, or other documents for their personal records or for potential legal matters.
What about fees for copies?
An employer may charge a fee to provide copies of the personnel file, but the fee must be reasonable and related to the cost of copying the documents. This means that employers cannot impose an excessive fee for copying a file. For example, if an employer hires an outside service to make copies, the cost to the employee should reflect the actual price the employer paid for the service. The law ensures that fees do not become a barrier for employees who wish to access their records.
II. Disagreements Over Information in the Personnel File
An employee may not agree with the contents of their personnel files. For instance, an employee might feel that a performance review is inaccurate or that a disciplinary action was unjustified. When this happens, RSA 275:56 outlines a process for employees to dispute the information in their file.
How does an employee dispute information in their file?
If an employee disagrees with any of the information in their personnel file, the law provides them with a specific avenue for addressing the issue. The employee can submit a written statement explaining their version of the facts and providing evidence to support their position. This statement is then added to the employee’s personnel file as part of the official record.
This right to dispute the information in the personnel file is essential because it helps employees maintain their right to be heard and to correct any potential inaccuracies. Whether the employee is disputing a performance review, a disciplinary action, or any other type of information, the ability to provide their side of the story ensures that the file is a balanced and accurate reflection of the employee’s history with the company.
What happens if the employee and employer cannot agree?
In some cases, the employer and employee may not reach an agreement about the disputed information. If the two parties cannot resolve the issue, the employee’s written statement, along with any supporting evidence, must remain a part of the personnel file. Moreover, this statement must be included if the file is transmitted to any third parties, such as potential future employers or government agencies, and it must be disclosed alongside any contested information.
This provision ensures that third parties reviewing the employee’s file will see not only the employer’s perspective but also the employee’s version of events. It promotes transparency and fairness by ensuring that the employee’s perspective is documented in case the disputed information is used for employment decisions or legal matters.
III. Exemptions to Disclosure
While RSA 275:56 provides employees with broad rights to access their personnel files, there are certain exemptions to this access, primarily for reasons of law enforcement or national security. These exemptions are outlined in Section III of the statute.
Ongoing Investigations
One of the primary exemptions to the rule of disclosure is that employees do not have a right to access information in their personnel file if the employee is currently the subject of an ongoing investigation. The law provides a specific exemption if the disclosure of the information would prejudice law enforcement efforts. For example, if an employee is under investigation for misconduct or a crime, releasing information from the employee’s personnel file could interfere with the investigation or make it more difficult for law enforcement agencies to carry out their work.
This exemption is designed to protect the integrity of investigations and to prevent potential leaks of sensitive information that could compromise ongoing work. Employers are required to assess whether the disclosure of certain personnel file information might harm an investigation and, if so, they can withhold that information until the investigation is complete.
Government Security Investigations
A second exemption relates to government security investigations. If the employee is involved in a security clearance process or other government security-related matters, the employer is not required to disclose information from the employee’s personnel file that relates to that investigation. These types of security investigations typically involve sensitive and classified information, and the potential for a leak or unauthorized disclosure could have serious consequences for national security.
These exemptions reflect a balance between the right of the employee to access their own information and the need for confidentiality in certain situations that involve public safety or national security concerns.
IV. Health and Wellness Information
An important aspect of RSA 275:56 is the exclusion of certain types of information from an employee’s personnel file. Specifically, health, fitness, lifestyle, and wellness information gathered by employers for health risk assessments or wellness programs are not considered part of the employee’s personnel file.
What is excluded from the personnel file?
Employers often collect health-related data to assess their employees' well-being and to offer wellness programs aimed at improving overall health. These programs may include fitness assessments, health risk evaluations, or lifestyle questionnaires designed to promote healthy living among employees. However, this type of information is considered separate from the employee's personnel file and cannot be retained in that file.
This provision is important for a number of reasons:
Confidentiality: Health information is particularly sensitive, and keeping it separate from the personnel file helps protect employee privacy.
Non-Admissibility: Such health and wellness data is inadmissible in any proceedings under RSA 281-A, which pertains to workers' compensation claims. This means that an employee’s personal health data cannot be used against them in a workers' compensation case, providing extra protection for employees in the event of an injury.
Why is this important?
This provision ensures that employees’ health and wellness information remains confidential and is not used inappropriately in decision-making processes related to employment or legal proceedings. It also helps to promote trust between employers and employees, as employees may feel more comfortable participating in wellness programs without fearing that their personal health data could be used against them in the workplace.
Conclusion
The provisions under RSA 275:56 provide a clear framework for how employers must handle employee access to their personnel files. They balance transparency and fairness with the need for confidentiality in specific situations, such as law enforcement investigations or government security matters.
Comments