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 Washington State, employees have the right to access and inspect their personnel files. According to RCW 49.12.240 and 49.12.250, both public and private employers are required to provide current and former employees the opportunity to review their personnel files at least annually upon request. Employers must make the personnel files available locally within a reasonable period of time after an employee makes a request. Additionally, employees have the right to request copies of their personnel file, and the employer may charge a reasonable fee for the cost of copying documents. Washington law also requires employers to provide employees with a copy of any disciplinary action imposed on them within a reasonable time after the disciplinary action is taken. This ensures that employees are aware of any adverse actions that may affect their employment status.