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State agency/School District HR, Employee Records. New York

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  • State agency/School District HR, Employee Records. New York

    Ok, a few questions regarding employee records access, and disciplinary letters.

    I work for a BOCES is this considered a state agency, school district or municipality? (this was cited as a reason for not having to carry disability insurance)

    I am not a member of a bargaining unit.

    I recently was given a letter of discipline that quoted unnamed sources, and was based on a list of "complaints" that were actively solicited by the HR director. None of these "complaints" were actually made to the HR Director, but were complied by others at his request. I can prove that contents of the letter are factually incorrect. Do I have any recourse?

    Who can view employee records?

    Can I require that I be informed of Inquiries to emplyment records, and whenever anyone is granted access?

    The HR director would prefer I use the telephone, but I wanted to ensure our communication was documented so I emailed a request to discuss the document. He declined. I questioned the origins of the document and forwarded the emails to a friend, the HR director now says that I am consulting a legal service and that he will no longer speak with me, he denied my request to view my employee file, and said that I have to send any correspondance or response to the document to a lawyer. It is practice that anyone can view their file by setting an appointment, and responses are placed without any restrictions. Is this disparate treatment?

    My thought is that sending my response to a lawyer would then cause a violation of privacy, as he would have no business viewing this information unless I actually brought legal action.

    What can I do?

    I can't afford an attorney, but am willing to work diligently myself, can anyone point me in the right direction?
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