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 West Virginia, there is no specific state statute that grants all employees the right to access and inspect their personnel files. However, certain public employees may have this right under specific provisions applicable to public sector employment. For private sector employees, the right to review personnel files is generally at the discretion of the employer, unless there is an applicable company policy or employment contract that provides such a right. Employees in West Virginia should consult with their employer's human resources department or an attorney to understand any company-specific policies regarding access to personnel files. Additionally, if there are any collective bargaining agreements in place, these may also govern an employee's right to access their personnel file.