New York recently enacted legislation that takes effect on Nov. 8, 2026, establishing a mechanism for employees to challenge information in their personnel file that they believe is inaccurate. If an employee attempts to address disputed information with their employer and is not successful, the employee must be permitted to submit a written statement explaining their position, which becomes a part of the record and must accompany the file whenever it is transmitted to a third party.

New York is joining a significant number of states that already have similar laws giving employees, under certain circumstances, the right to provide an explanatory statement or rebuttal that must be included with contested information in their personnel record. Such states include Connecticut, Delaware, Illinois, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Pennsylvania, Washington, and Wisconsin. Employers with employees in those states need to be aware of the fact that they may have to allow employees to include information in their personnel files that contradicts the employer's own position.

While the basic framework of the right to contest information is similar in most states, it is not identical. For example, some states place a limit on the maximum length of the employee's statement. Employers should consult the specific statute that applies in their situation and seek advice from employment counsel if they are unsure what the law requires.