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 Maryland, employees have the right to access and inspect their personnel files. Under Maryland law, specifically the Maryland Personnel File Law (Md. Code Ann., Lab. & Empl. § 3-501 et seq.), both current and former employees have the right to review and copy their personnel records. Employers are required to permit employees to inspect their personnel records at least once a year. The law applies to all employers in the state, regardless of the number of employees. When an employee requests to inspect their personnel file, the employer must provide access within a reasonable time, generally within 30 days. Additionally, if an employer places any information in an employee's file that is used to make an employment decision that is adverse to the employee, the employer must notify the employee within 10 days of placing the document in the file. This notification is often referred to as an adverse-action notice. It's important to note that while employees have the right to inspect their personnel files, there may be some limitations on the types of documents they are allowed to access, such as letters of reference or certain investigative records.