Is it illegal for your boss to deny you a copy of your personal file?

UPDATED: Oct 1, 2022

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Is it illegal for your boss to deny you a copy of your personal file?

I had to sign some papers for being sick. My boss wanted me to sign more papers of me being sick but now he won’t show me my personal file. How long do they have to give me copy of my personal file?

Asked on August 4, 2018 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They never have to give your file, unless you sue them, your file is relevant to the lawsuit, and you use the legal mechanisms available in a lawsuit (e.g. "discovery") to obtain it. Otherwise, outside of litigation, they do not need to share it with you: the file may be about you, but it belongs to them. They do not need to give it to you any more than you need to copy them on emails or text messages you send your friends commenting about or describing your job or workday.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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