Employment Records

It is recommended an employer create and retain thorough documentation for employee personnel files. Personnel files should contain documentation including:

• Performance;
• Discipline;
• Employment actions; and
• Complaints and investigations.
  (due to their confidential nature, these should be separated with limited access)

The contents of an employee’s personnel file should provide an accurate and complete history of their employment with the employer. 

These documents may prove beneficial to an employer’s defense in the event they are charged with discrimination. 

Due to the confidential nature of personnel records, files should be secured properly and with a defined protocol of access. 

The Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA) require employers to keep medical records separate from general personnel files.

Access to Personnel Files

In New Hampshire, upon request, employers must allow current and former employees to inspect their personnel files or provide the employee with a copy of the file.

The statute permits employers to withhold an employee’s personnel file if the employee is the subject of an investigation at the time of the request and disclosure of the information would prejudice law enforcement, or if the information requested is related to a government security investigation.

The statute governing access is enforced by the Department of Labor
Section 275:56 Employee Access to Personnel Files