Does my employer have to give me a copy of a write-up?

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Does my employer have to give me a copy of a write-up?

When my previous employer wrote anybody up they never gave the person a copy of the write-up. They also did not put a description of what the write up was for on the actual write up but would make a separate note. After I was discharged the employer gave copies of these notes to the Unemployment Hearing Unit with the write-up I signed. I never saw these notes in the first place and was not told that the write up was for what the notes stated. Do these notes have any legal standing?

Asked on February 18, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) A company is under no obligation to provide anyone, including the affected employee,  with a copy of any write-ups, disciplinary notes, the personnel file more generally, etc.

2) The company's notes or write-up is not a legal document, and so have not legal effect per se. However, they are evidence of why you were discharged, the same way as a comments or testimony from a supervisor would be evidence. The company is presumably showing them to the unemployment office to show why you were terminated, the same as they could simply have written an email or letter to the office, spoken to a hearing officer over the phone, etc.


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