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

UPDATED: Feb 18, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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