employment new-hampshire
Employee rights to access performance data
<p>I currently work in NH, USA. I am going through the process of a mid year review with my manager. To prepare the employee perspective I requested a report from our Work Flow system to identify the start date, end date and associated information for my performance. My manager refused. </p>

<p>Do employees have any obligatory access to their own performance data as needed to do a proper analysis?</p>

<p>If it is data that is <strong>in</strong> your personnel file, you may request to view it and comment on it according to New Hampshire law:</p>

<p><a href="https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-2.html" rel="nofollow noreferrer">Source: NOLO</a></p>

<blockquote>
  <p>N.H. Rev. Stat. Ann. § 275:56</p>
  
  <p><strong>Employers affected:</strong> All.</p>
  
  <p><strong>Employee access to records:</strong> Employer must provide employees a reasonable opportunity to inspect records.</p>
  
  <p><strong>Copying records:</strong> Employer may charge a fee reasonably related to cost of supplying copies.</p>
  
  <p><strong>Employee’s right to insert rebuttal:</strong> If employee disagrees with any of the information in personnel record and cannot reach an agreement with the employer to remove or correct it, employee may submit an explanatory written statement along with supporting evidence. Statement must be maintained as part of personnel file.</p>
</blockquote>

<p>However if it is not yet a part of your personnel file or employment record the employer may deny the request. It isn't completely clear if data in a separate system related to that employee is part of the employee personnel file. The employer may treat this separately from personnel data.</p>

<p>So I believe in your case since it is not yet part of your file, and that this is simply metrics in an internal system, that it is not covered under this statute and the employer has a right to deny access. After it becomes part of your record though you may request a copy of it and provide commentary on it that must accompany the record.</p>
