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 North Dakota, employees have the right to access and inspect their personnel files. According to North Dakota Century Code (NDCC) 34-02-20, an employee or former employee has the right to review their personnel records at least once a year. Employers are required to make these records available upon request. The statute also specifies that the employer must provide a reasonable opportunity for the inspection, which should occur at the employer's office and during normal working hours. Additionally, if an employee requests, the employer must provide a copy of the personnel records, although the employer may charge a fee for the cost of copying. North Dakota law does not specifically address the provision of adverse-action notices within a certain number of days after a document is placed in an employee's personnel file. However, employers are generally encouraged to follow best practices, which may include timely communication of any adverse actions to the affected employees.