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 Dakota, employees have the right to access and inspect their personnel files. According to South Dakota Codified Laws (SDCL) 60-4-11, an employee or former employee has the right to review their personnel files at least once a year. Employers are required to make the personnel records available within a reasonable time after the employee makes a request. The law applies to all employers in the state, both public and private. However, there may be some limitations on the types of documents that an employee is allowed to inspect, and employers may supervise the inspection. South Dakota does not have a specific adverse-action notice requirement in its statutes, but employers are generally encouraged to follow best practices, which may include notifying employees of significant negative entries in their personnel files.