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 Mexico, employees have the right to inspect their personnel files under certain conditions. The Inspection of Public Records Act (IPRA) allows employees of public bodies to access their personnel files. However, for private-sector employees, New Mexico does not have a specific statute that grants a universal right to access personnel files. Private employers may have their own policies regarding access to personnel files, and these policies can vary widely. Employees in New Mexico may request to see their personnel files, but unless there is a policy or contractual agreement in place, private employers are not legally required to grant access. When it comes to adverse-action notices, New Mexico does not have a specific statute that requires employers to provide such documents within a certain number of days after placement in an employee's personnel file. Employees who believe their rights under applicable laws have been violated may wish to consult with an attorney to explore their legal options.