What’s in Your File? New York Bill Mandates Employee Access to Personnel Files

Effective November 8, 2026, a new law in New York will change how employers manage poorly-performing employees. The law gives employees a legal right to access their personnel records, and requires employers to notify them when negative information is added to their files.

Unlike many other states, New York has long treated personnel files as company property, and no law required private employers to give employees access to those files. The new law changes that.

Notice Requirements

Under the new law, an employer must notify an employee within ten days of placing any “negative information” in the employee’s personnel record. “Negative information” means information that is, has been, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or potential disciplinary action. Examples include written warnings, performance improvement plans, negative performance reviews, and disciplinary notices.

Employers that rely on negative performance issues in employment disputes may face challenges if they fail to give employees timely notice of those records.

Employees’ Rights To Access Personnel Records

Upon a written request, an employer must provide the employee with a complete copy of the employee’s personnel record, at no cost, within five business days. This right applies to both current and former employees. The new law sets no deadline for former employees to request access to their files but requires employers to keep personnel records for only three years after an employee’s termination.¹

Employers are not required to offer employees access to their personnel files more than twice per calendar year unless the employee’s review is triggered by the addition of negative information, as discussed above.

Employees’ Rights To Respond

If an employee disputes information in the employee’s personnel record, the employer and the employee may agree to correct or remove it. If they cannot agree, the employee may submit a written statement explaining the employee’s position. The statement must become part of the personnel record and accompany the disputed information whenever that information is transmitted to a third party (provided the original information is retained).

Definition of Personnel Record

“Personnel record” is defined broadly as any record kept by an employer that identifies an employee and has been or may be used in connection with the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The statute requires personnel records to include:

• Employee’s name, address, and date of birth
• Job title and description
• Rate of pay and other compensation
• Starting date of employment
• Job applications and resumes
• Waivers signed by the employee
• Performance evaluations and evaluation documents
• Written warnings of substandard performance
• Probationary periods
• Dated termination notices
• Other documents related to disciplinary action
  
  

Enforcement

There is no private right of action, and enforcement lies with the New York state attorney general. Civil penalties range from $500 to $2,500 per violation.

Comparable State Laws

Although no federal law gives employees a statutory right to access their personnel files, New York joins a growing number of states with this requirement.

The new law takes effect November 8. By then, New York employers should take the following steps:

• Confirm that personnel files contain the required information.
• Establish a standard request and response process.
• Create a protocol for providing timely notice of negative information placed in an employee’s personnel record.
• Update employee handbooks and policies to incorporate the new access and notice requirements.
  
  

Unanswered Questions

Because employees have no private right of action to enforce the law, the question is what happens if an employer disciplines or terminates an employee without first placing all negative feedback in the personnel file and sharing that written documentation with the employee. Will the negative information be admissible in the event of litigation related to the employee’s termination? Are informal supervisor notes and feedback that later support a disciplinary decision covered? The statute does not address this directly, but employees will almost certainly argue that undisclosed documentation should be excluded or given less weight in wrongful termination and discrimination cases, and whether courts will entertain those arguments remains to be seen.

If you have any questions about the new personnel file law in New York or any other employment law compliance matters, please contact Lowenstein Sandler’s Employment Law Practice Group.

¹ Employers may be required to hold other documents longer. New York Labor Law Section 195, for example, requires payroll records be held for six years.