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 South Carolina, there is no specific state statute that grants all employees the right to access and inspect their personnel files. However, certain public sector employees may have this right under specific provisions applicable to public agencies. For private sector employees, the right to inspect personnel files is generally not mandated by state law. Employers in the private sector may choose to allow employees to access their personnel files, but they are not required to do so by South Carolina state law. It is important for employees to check with their employer's policies or any applicable employment contracts that may outline rights regarding access to personnel files. Additionally, if there are any specific circumstances, such as an adverse-action notice, employees may need to consult with an attorney to understand any rights they may have under federal law or other applicable laws.