Giving Employees Access to their Files

There’s a lot of information out there regarding what rights an employee has in seeing their employee file, some of it conflicting. The reality is that the law differs from state to state. In CT, for example, you must provide access “upon request”; whereas in NY, you have no legal obligation to do so. Regardless of the state, what is clear is that the company has the right to respond “within a reasonable period of time” to the request versus being required to produce access immediately. Bottom line – this type of request is always a red flag for possible future litigation and therefore should result in your seeking professional advice as to next steps before proceeding.