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 Maine, employees have the right to access and inspect their personnel files. Maine law requires both public and private employers to grant employees the opportunity to review their personnel records. Under Maine Revised Statutes, Title 26, Section 631, employees can request to review and obtain a copy of their personnel file. Employers must comply with an employee's request to review their file within a reasonable period, not to exceed 10 working days. Additionally, if an employee disagrees with any information contained in the personnel file, they may request the removal or correction of that information. If the employer refuses, the employee may submit a written statement explaining their position, which must then be included in the file. Furthermore, if an employer places any disciplinary documents, or other documents that could negatively affect the employee's qualification for employment, promotion, additional compensation, or the possibility of any other disciplinary action, the employer must provide the employee with a copy of such documents within a reasonable time frame.