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 Pennsylvania, employees have the right to access and inspect their personnel files under the Pennsylvania Personnel Files Act. This state law applies to all employers that are covered by the Pennsylvania Labor Relations Act, which includes most private employers. Employees are entitled to view their personnel files at reasonable times and upon request. However, this right is typically limited to current employees, and former employees may have this right only under certain conditions. The law also specifies that the inspection must take place at the location where the files are stored and during the employer's regular business hours. Employers are required to make the personnel files available within a reasonable period after an employee makes a request. Additionally, if there is any disciplinary document or adverse action taken against an employee, the employer must notify the employee, and the employee has the right to review such documents. It's important to note that while employees have the right to inspect their personnel files, they may not have the right to access every document within the file, as some information may be protected for privacy or other reasons.