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 Nebraska, employees have the right to access and inspect their personnel files. Nebraska state law, specifically Nebraska Revised Statute 48-1230, requires that an employer provide an employee with an opportunity to review their personnel file upon request. This right is extended to both current and former employees, with the stipulation that former employees can only make one such request after their termination. The employer must comply with the request within a reasonable time, usually within ten working days. The law applies to all employers in Nebraska, regardless of the number of employees. However, there are some limitations on what documents an employee may view, and employers are not required to allow employees to view references from a previous employer. Additionally, if an adverse action is taken based on a document in the personnel file, the employer must provide a copy of that document to the employee.