NH Personnel records

Quentin

I recently had to terminate an employee for releasing confidential company information. After they were released I'm getting a request for their entire employee record. Does the law still cover them as an employee> When does the employee finally become the former employee? Can we charge a fee for time and cost of preparing the copies?

WT

Who is requesting the record? Is it the former employee, unemployment offices, an attorney, or some other agency?

Unless there is litigation and discovery, I see no reason that you need to provide all these records. In fact, even in the case of litigation that did not involve the employer, I have refused such requests in the past.

Quentin

It's the employee who is requesting the records. They also want copies of all of their pay records that our payroll company has. There is no litigation but I think it's just to be a pain.

Pattie

Per NH law RSA 275:56, employers are required to provide access, and copies if requested, to an employee's personnel file - whether currently employed or a former employee.

NaeNae55

But can't you charge them for the time and copying?

Nae

Pattie

Yes, you can - but it must be a reasonable fee.