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 Montana, state law provides employees with the right to access and inspect their personnel files. Under Montana Code Annotated § 39-2-801, employees have the right to review their personnel records. Employers are required to make the contents of personnel files available to employees for inspection within a reasonable period after the employee makes a request. This law applies to both public and private employers. However, there may be certain limitations on the right to access, such as the frequency of inspection, the presence of a representative of the employer during the inspection, and the types of documents that may be excluded from inspection. Additionally, Montana law requires employers to provide a copy of any disciplinary action to the employee within a reasonable time after it is entered into their personnel file. This ensures that employees are aware of and can respond to any adverse actions taken against them.