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 Jersey, employees have the right to review their personnel files, although this right is not as comprehensive as in some other states. Under New Jersey law, specifically the New Jersey Personnel Files Act (N.J.S.A. 34:8B-1), employees have the right to inspect and copy their personnel records. Employers are required to make an employee's personnel records available within seven working days after an employee submits a written request. The law applies to employers with 10 or more employees and covers current and former employees. However, there are limitations on the frequency of such inspections, and certain documents may be excluded from inspection. Additionally, if an adverse employment action is taken based on information in the personnel file, the employer must notify the employee of this fact and the employee has the right to request and obtain a copy of the relevant document from their personnel file.