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 Minnesota, employees have the right to access and inspect their personnel files under state law. Minnesota Statutes Section 181.961 provides that current and former employees have the right to review their personnel records once every six months, or once every year for former employees. Employers are required to make the personnel records available to the employee within seven working days if the records are located in Minnesota, and within 14 working days if the records are located out of state. Additionally, if an employee has been separated from employment, the employer must provide a copy of the personnel record at the employee's request. The law also stipulates that if an employer places a disciplinary document or a document related to an adverse action in an employee's file, the employer must provide a copy of that document to the employee. Minnesota's regulations apply to both public and private employers, ensuring that employees have the opportunity to be informed about the contents of their personnel files.