New law lets employees see their work records including disciplinary files

Want to know what your employer really thinks of you? Soon, it will be easier for New Yorkers to find out.Starting on November 8, a new employee personnel records access law will go into effect for New York public and private employers, equipping current and former employees with new rights to view — and, when necessary, dispute — the contents of their records.The new ruling, which came about after Governor Kathy Hochul signed Senate Bill 3460 into law early in September, adding Section 210-B to the New York Labor Law, will enable New Yorkers employed by both private and public employers to access their personnel records within five days of submitting a written request — though this will be limited to two occasions per calendar year, per Barclay Damon LLP.The new law will also put additional onus on the employer when it comes to making negative feedback more easily visible and accessible to employees.Under the fresh ruling, employers must notify their employees of any new negative information that is placed in their file — defined as anything that has or could be used to affect qualification for employment, promotion, transfer, additional compensation or disciplinary action — within 10 days of filing (not counting towards the two standard annual reviews).Employees who have recently moved on to new opportunities can still take advantage of the new rule, should they desire, as employers will be required to share access to these records up to three years past employment.If an employer does choose to dispute any information in their file — which is broadly defined under the new law, and can include anything from basic employee information to performance evaluations to documents regarding disciplinary action — they can either reach an agreement with their employer to expunge it, or include a written statement explaining the employee’s position, which would then be added to the file.Employees looking to utilize the new ruling should not fear retaliation b...