All employees (including former employees) in New Hampshire have a right to review, copy, and put a rebuttal in your personnel records.
If you have a union, you have many more rights. Your contract may give you additional rights about your personnel file, especially to fight to remove documents which are unfair or old. Ask a shop steward or representative. Personnel files can be very important during a grievance or discipline.
- You can inspect your personnel file.
- You can have a copy of your file, or any documents in it.
- It is usually best to ask in writing and keep a copy so that you have proof that you asked. You can use the sample form on this page.
- If you are charged for the copies, the fee must be reasonably related to the cost of supplying the copies.
- You do not have to be given documents about an investigation.
- If you don’t agree with something in your personnel file, you should first ask that the information be taken out of your file or corrected. If it’s not, you can put “rebuttal or explanatory statements” (explaining why the information is inaccurate) in the file to respond to information you don’t agree with. Your statement must be kept in the personnel file and included anytime the information from your personnel file is given out. You can use the form on this page when you submit a rebuttal statement.
The law: New Hampshire Revised Statute Title 23, Section 275:56
The law is enforced by:
New Hampshire Department of Labor
State Office Park South
95 Pleasant Street
Concord, NH 03301
Phone: (603) 271-3176
If you have a union, you have many more rights if your rights are violated. Talk to a shop steward or union representative.