Not allowed to have a copy of my performance review?
I recently received a semi-annual performance review by my new employer.
It was a good one, but I was told I was not allowed to have a copy of the review.
This is the first employer I've had that didn't provide a copy for my records.
I'm surprised, particularly given the new records law that went into effect.
This is a large, publically held national company.
Is my employer required to provide a copy of my records, including the performance review if I ask for them?
Thank you.
Answers (1)
You are not entitled to a copy of your performance review
An employer's personnel records, such as performance reviews and personnel files, are the property of the employer. The employer does not have to provide a copy, even to the employee to which the records relate.
Although employers do not have to provide copies to their employees, most will do so. It makes sense to do so and breeds suspicion if the employer does not. This is why most employers will provide copies. However, if the employer choose not to do so, the employee cannot force the employer to provide a copy.
A compromise that employers who do not want to give up copies might nonetheless accept is to let you see your review, without providing a copy. Try that.
If you file suit against your employer, then you can obtain a copy of your personnel file and other relevant documents using a subpoena or a discovery request. If the employer discards or alters a positive performance evaluation before producing it in litigation, you would have a claim for destruction of evidence.
Therefore, when your employer lets you see the copy of your review initially or as a compromise to giving you a copy, take notes of your scores for the major categories. Then, if the employer changes it, you will know.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jul 29, 2007 6:36 PM [EST]
An employer's personnel records, such as performance reviews and personnel files, are the property of the employer. The employer does not have to provide a copy, even to the employee to which the records relate.
Although employers do not have to provide copies to their employees, most will do so. It makes sense to do so and breeds suspicion if the employer does not. This is why most employers will provide copies. However, if the employer choose not to do so, the employee cannot force the employer to provide a copy.
A compromise that employers who do not want to give up copies might nonetheless accept is to let you see your review, without providing a copy. Try that.
If you file suit against your employer, then you can obtain a copy of your personnel file and other relevant documents using a subpoena or a discovery request. If the employer discards or alters a positive performance evaluation before producing it in litigation, you would have a claim for destruction of evidence.
Therefore, when your employer lets you see the copy of your review initially or as a compromise to giving you a copy, take notes of your scores for the major categories. Then, if the employer changes it, you will know.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jul 29, 2007 6:36 PM [EST]
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