When employees demand to see their personnel file: Answer

Answer: While there is no overarching federal law governing the viewing of all records in a personnel file, many states have laws granting employees the right to see or copy at least some of the contents of their personnel records.

For example, employees typically have the right to see evaluations, performance reviews, and other documents that determine a promotion, bonus, or raise. Employees might not, however, have the right to view letters of reference from former employers, test results, or records of an investigation into criminal conduct or violation of workplace rules.

Some states even allow employees to challenge information in their files, for example, by including a letter (called a “rebuttal”) in the personnel file disputing inaccurate information.

In some states, you not only have to allow access to records the file, you must also provide a copy of them and the opportunity to attach personal statements to certain records. Requirements will sometimes differ based on an organization’s size and whether it is a public or private employer. Be aware of the requirements in each state in which your organization operates.