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 New Hampshire, employees have the right to review their personnel files. Under New Hampshire Revised Statutes Annotated (RSA) 275:56, an employee has the right to inspect, review, and receive a copy of their personnel file. Employers are required to provide a current or former employee with a copy of their personnel file within five business days of a request. Additionally, if any disciplinary action is taken, the employer must inform the employee of this action and provide them with a copy of any disciplinary documentation that is placed in their personnel file. This right extends to both public and private employees in New Hampshire. It's important to note that while employees have the right to access their personnel files, there may be some limitations on the frequency of such inspections and on the inclusion of certain documents, such as references or investigation records, depending on the employer's policies and applicable laws.