Legal Question in Employment Law in New Jersey
I work in New Jersey.. I recently was given a performance review from my employer. At the meeting I was presented with a written document outlining my past performance and future goals set by the company. I was asked to sign the document but was told I could not have a copy of the document. I withheld my signature and made it clear I would openly sign the document with the assurance of receiving a copy. My request was denied with a statement that it is company policy not to give out written reviews. I am now being told if I continue to withhold my signature disciplinary action will most likely be taken. I have been at this job for 1 year with no porblems at all. What is my legal stand on this issue?
2 Answers from Attorneys
that is a pretty odd demand, but I do not do employment law. Let me put you in touch with a friend of mine who does nothing but handle claims by employees against employers. He can give you some solid guidance. Call me, 201 820 3460, or email me: [email protected], and I will put you in touch.
There is no law that requires a private company to provide you with all documents in your personnel file, including evaluations. However, if you work for the government, are a union member, or have read a company policy that provides that you are entitled to such a document, then you may have a right to the document. The best way to find out is to consult with your human resources department and/or read your company's employee handbook to learn more about your company's official position on this issue. If you do not have a right to this document and you are withholding your signature, then you may be committing an act of insubordination which can result in disciplinary actions (up to and including termination) to be brought against you. You may also run the risk of being denied unemployment compensation benefits. I would strongly advise you to consult with an employment law attorney, such as one of the attorneys found in the New Jersey branch of the National Employment Lawyers Association. Here's a link to the NJ NELA website: http://www.nelanj.org/ Select "find a lawyer" in the window on the left side.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
