No federal law gives an employee the right to access and inspect their personnel file maintained by their employer—but some state laws do. Many states require public employers to allow employees to access and inspect their personnel files—and some states require private employers to do so as well.
Some states limit an employee’s right to access and inspect their personnel file to certain documents—and some states require an employer to provide employees with certain documents (such as a disciplinary document) within a certain number of days after it is placed in the employee’s personnel file (known as an adverse-action notice).
Laws regarding whether employees have the right to access and inspect their personnel file—and if so, the circumstances under which they may do so—are generally located in a state’s statutes.
In Arkansas, there is no specific state statute that grants all employees the right to access and inspect their personnel files. However, Arkansas Code Annotated § 11-3-202 provides that public employees have the right to inspect and copy their personnel records, except for tax withholding forms. This right does not extend to private-sector employees. For private employees, access to personnel files is typically at the discretion of the employer, unless there is an applicable contract or company policy that provides such a right. Additionally, Arkansas does not have a specific adverse-action notice requirement for private employers. Public employees, on the other hand, may have certain rights under the Arkansas Freedom of Information Act (FOIA) to access documents related to their employment. It's important for employees to review their employer's policies or consult with an attorney to understand their specific rights regarding access to personnel files in Arkansas.