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What Should I Do If I Disagree With Information in My Personnel Record?

Overview

If you believe information contained in your personnel record is inaccurate, incomplete, or does not appropriately reflect the circumstances, you may submit a written concern through HR Connects and request that the information be reviewed.

Under New York Labor Law § 210-b, there might be a mutual agreement to remove or correct disputed information. If an agreement cannot be reached, you may submit a written statement explaining your position. Your statement becomes part of your personnel record and must accompany the disputed information if that information is later transmitted to a third party while the original information remains in your file. 

How Do I Dispute Information in My Personnel Record?

If you disagree with information after reviewing your personnel record, submit your concern to HR Connects.

When submitting your request, please identify:

  • The specific document you are disputing
  • The information within the document that you believe is inaccurate or requires review
  • Why you disagree with the information
  • What you believe the information should reflect
  • The resolution you are requesting
  • Any supporting documentation or information you would like considered

Providing specific details will help the appropriate HR teams understand and review your concern. Click here to submit a request to dispute information in your personnel file. 

What Happens After I Submit My Dispute?

HR Connects serves as your central point of contact throughout the personnel-record dispute process. HR Connects will document and track your concern and engage your Human Resources Business Partner (HRBP) to participate in the review.

Depending on the nature of your concern, the review may include:

  1. Reviewing the disputed record and the specific information you identified.
  2. Reviewing available supporting documentation and relevant record history.
  3. Confirming the source, author, and context of the record, when appropriate.
  4. Partnering with your current or former manager or other appropriate HR teams when additional information is needed.
  5. Determining whether a correction or other action is appropriate.
  6. Escalating the matter, when necessary, to Employee Relations, Privacy, Legal, or other appropriate teams.
  7. Communicating the outcome to you through the established HR Connects process.

The level of review will depend on the type of information being disputed and the circumstances involved.

Does Filing a Dispute Mean the Document Will Be Removed?

No. Submitting a dispute does not automatically result in a document being changed or removed.

New York law allows the employee and employer to mutually agree to remove or correct disputed information. If an agreement cannot be reached, the employee has the right to submit a written statement explaining their position. 

The original record should not be changed or removed simply because a disagreement has been submitted. Any changes must follow the established review and approval process.

What Happens If the Information Is Found to Be Incorrect?

If the review determines that a factual correction or other action is appropriate, HR will follow the applicable process to address the record.

Depending on the circumstances, this may include:

  • Correcting inaccurate information
  • Updating or annotating the record
  • Taking another appropriate action following HR review
  • Escalating the matter for additional review when necessary

You will be notified of the outcome through the established HR Connects process.

What If We Cannot Agree About the Information?

If you and NewYork-Presbyterian cannot agree to remove or correct the disputed information, you may submit a written statement explaining your position.

Your written statement becomes part of your personnel record. As long as the original disputed information remains in the record, your statement must accompany that information if it is transmitted to a third party. 

Your statement should clearly identify:

  • The record or information you disagree with
  • The reason for your disagreement
  • Your understanding of the facts or circumstances
  • Any additional information you believe provides important context

This allows your position to remain with the disputed documentation even when the original information is retained.

What If I Believe a Document Was Altered, Forged, or Added Without Authorization?

If you believe a document in your personnel record:

  • Was altered without authorization
  • Contains a signature that is not yours
  • Was added without authorization
  • Contains another individual's confidential information
  • Was improperly accessed or disclosed

Notify HR Connects immediately.

These concerns require additional review and may be escalated to the appropriate HR, Employee Relations, Privacy, Legal, or other responsible team.

Do not modify or delete the document you received. Preserve the information so it can be appropriately reviewed.

What If Information Is Missing From My Personnel Record?

If you believe an eligible document is missing from the personnel records provided to you, contact HR Connects and identify the document or information you believe is missing.

HR Connects will coordinate the appropriate review and engage your HRBP and other teams, as necessary, to determine whether additional eligible records are available.

A missing-document concern is different from disagreeing with the content of a document, but both should be submitted through HR Connects so your concern can be appropriately tracked and reviewed.

Can I Be Retaliated Against for Disputing My Personnel Record?

No.

New York Labor Law § 210-b prohibits an employer or other person from discharging, threatening, penalizing, discriminating against, or otherwise retaliating against an employee for exercising rights provided under the personnel-record law. 

Requesting your personnel record, questioning information contained in it, or using the dispute process should not negatively affect how you are treated.

If you believe you have experienced retaliation related to exercising your personnel-record rights, report your concern through the appropriate HR reporting process.

Who Should I Contact With Questions?

All personnel-record disputes should begin with HR Connects.

HR Connects will serve as your central point of contact, coordinate the review with your HR Business Partner (HRBP) and other appropriate teams, track the request, and communicate the outcome or next steps to you.

Click here to submit a request to dispute information in your personnel file. 

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