Legal Question in Employment Law in New Jersey
A terminated employee in Washington DC is requesting a copy of their personnel file. Is the Employer required to provide it?
2 Answers from Attorneys
Under NJ law, the general rule is that an employer is not required to give an employee a copy. One exception is when the information sought is in connection with a claim of illegal discrimination. I don't know the DC rule.
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The personnel file is the property of the employer. There is no requirement that the employee be give a copy unless a court orders it. It is good policy not to provide employees with copies of these records unless there is a protective order in place that limits who can see them and what they can be used for. The order should permit redaction of information that is not relevant to the employee's needs or expectations such as letters of recommendation given in confidence, etc.
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