Legal Question in Employment Law in New Jersey

employee rights in personnel file documentation

I realize that in most states an employee has the right to request to see their personnel file.

I always thought it was a requirement that any documentation placed into an employee's permanent personnel file (particularly negative information)must first be viewed and signed by the employee. While the employee may refuse to sign a document, they must be made aware of it and be allowed to see it prior to placing it in their file.

Is this a legal requirement or is it at the discretion of the employer's internal policies?


Asked on 10/28/01, 10:42 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: employee rights in personnel file documentation

While it is good practice for an employer to notify the employee that it is putting negative information in the personnel file, it is not legally required. The only rights you have is the right to review your file and the right to receive copies of any documents you have signed.

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Answered on 11/23/01, 4:46 pm


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