Atlanta, GA asked in Civil Rights for Georgia

Q: I live in Georgia. My former employer is in New York. Can I request my personnel file be emailed to me?

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James L. Arrasmith
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Answered

A: Yes, you can request your personnel file to be emailed to you, but whether your former employer is legally required to comply depends on New York state law. In New York, private employers are not specifically obligated by law to provide employees access to their personnel files, unlike in some other states. However, many employers may still choose to provide this information upon request as a matter of policy or goodwill.

To request your file, you should contact your former employer's human resources department directly. It's best to make your request in writing, such as through an email, to have a clear record of your request. Be polite and specify that you would like your personnel file emailed to you.

If your employer refuses or does not respond, you might not have much legal recourse under New York law. However, you can always consult with an employment attorney in your state to discuss potential options based on your specific situation and any employment agreements or contracts you might have signed.

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