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 Wisconsin, employees have the right to access and inspect their personnel files under state law. Wisconsin Statute § 103.13 grants employees the right to review their personnel records at least twice a calendar year, upon request. This law applies to both public and private employers. The employer must provide access to the records within seven working days after the employee makes a request. The statute also allows employees to receive copies of their records, although the employer may charge a fee for the cost of reproduction. Additionally, if there is any disputed information in the personnel file, the employee has the right to submit a written statement explaining their position, which must then be included in the file. Wisconsin law does not require employers to provide an adverse-action notice with a specific timeframe, but it does require that disciplinary documents and other pertinent records be included in the employee's personnel file, which the employee has the right to inspect.