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 California, both public and private sector employees have the right to access and inspect their personnel files. The California Labor Code specifically provides employees the right to inspect the personnel records that their employer maintains relating to the employee's performance or to any grievance concerning the employee. Employers are required to comply with an employee's request to inspect their personnel records within 30 days from the date of the request. Additionally, California law mandates that employers provide a copy of the personnel records to the employee upon request. Employers are also required to provide former employees with access to their personnel files. However, there are some limitations on the right to inspect personnel files, such as excluding records relating to the investigation of a possible criminal offense and letters of reference. Furthermore, if an adverse action is taken against an employee, the employer must provide the employee with a copy of any documents that were used to make that decision, typically within a certain period after the action has been taken.