If I requested a copy of my entire employee file from HR, are they required to give it to me?

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If I requested a copy of my entire employee file from HR, are they required to give it to me?

I asked for a copy of my employee file after I was terminated for being late. However I was only written up 1 time for it. I was late 12 more times after that write up, however it was not until after I reported a supervisor that I was then let go for being late to work. I requested a copy of my employee file from my HR manager and even though I was very clear when speaking that I didn’t just want a copy of my performance reviews but everything and anything that was in my employee file. She gave me a copy of my performance review and that was it. I requested again a copy of my employee file and have yet to get anything from them. Can they deny me a copy of my employee file?

Asked on February 21, 2017 under Employment Labor Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, in AZ your employer is not required to give you a copy of your personnel file as that documentation is considered the employer's property. That having been said, certain employment contracts may sometimes provide a current or ex-employee with a right to inspect and copy their personnel file. Accordingly, unless you have a collective bargaining/union agreement or employment contract that gives you the right to this information, legally it need not be provided to you. 


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