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.

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

  • Is this performance data added to your personnel file or is just some metrics in a data system? – Ron Beyer Aug 6 '18 at 18:52
  • @RonBeyer It’s metrics in a data system, used in a mid year evaluation that goes into the employee file. – PV22 Aug 6 '18 at 18:58

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

Source: NOLO

N.H. Rev. Stat. Ann. § 275:56

Employers affected: All.

Employee access to records: Employer must provide employees a reasonable opportunity to inspect records.

Copying records: Employer may charge a fee reasonably related to cost of supplying copies.

Employee’s right to insert rebuttal: 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.

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.

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.

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  • I'll just add to this answer (+1) that, per statutory language, the personnel file is much likelier to reflect the outcome of the midyear review (w/some supporting documentation, if at all) than the level of detail that could be extracted from a metrics/data system. This type of statutes (compare Michigan MCL 423.452 ) seems focused on information for disclosure to prospective employers. – Iñaki Viggers Aug 6 '18 at 19:15

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