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 Indiana, employees have the right to access and inspect their personnel files under certain conditions. Indiana Code 22-2-5-1 through 22-2-5-10 outlines the provisions for both public and private employees. Public employees have broader access to their personnel files, while private employees' rights are more limited. Private employees can review their personnel files at least once a year, and the employer must provide a location for this inspection. The employer may require the employee to submit a written request. If there are any disciplinary actions, negative reports, or other adverse materials placed in the employee's personnel file, the employer must provide a copy of such materials to the employee within a reasonable time frame. Indiana does not specifically mandate that private employers provide an adverse-action notice within a certain number of days after the document is placed in the personnel file. However, employers are generally encouraged to follow best practices, which include timely notification to employees regarding adverse entries in their personnel files.