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 Delaware, employees have the right to access and inspect their personnel files. Delaware law requires that both public and private employers allow their employees to review and copy their personnel files. Employees can request to inspect their personnel files at reasonable times and upon reasonable notice. The law also stipulates that an employer must provide an employee with a copy of any disciplinary action within 10 days after it is taken. This right is designed to ensure transparency and fairness in the employment relationship, allowing employees to be aware of and understand the contents of their personnel records, including any disciplinary documents.