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 Hawaii, employees have the right to access and inspect their personnel files. Hawaii Revised Statutes § 396-21 provides that an employee has the right to inspect and copy their personnel file. Employers are required to make the contents of an employee's personnel file available at reasonable intervals and times for inspection by the employee. This right is not absolute, as there may be some restrictions on the types of documents that can be accessed and the frequency of inspections. Additionally, Hawaii law requires that an employer must notify an employee within ten working days if any adverse comment is entered into their personnel file, and the employee has the right to submit a written rebuttal that will be attached to the adverse comment. This ensures that employees are aware of and can respond to any negative evaluations or disciplinary actions that may affect their employment.