Personnel Records: Who has Access?

Personnel records are an important chronicle of an employee’s tenure with an organization.  The personnel record begins when an interested individual applies for a position with an employer and continues to be built throughout the employee’s career.  State and federal laws dictate what information must be included in an employee personnel file; this information includes hiring materials, wage and hour information, and other documentation related to the employee’s position.  State and federal laws also dictate what must be kept confidential and must not be included in an employee’s personnel file – the most obvious items in this category are medical information and I-9 forms.  When assembling personnel files, human resources professionals are often confronted with the question of what happens when a supervisor maintains a second, unauthorized file that records the supervisor’s interactions with the employee.  Information in that file may be used to document decisions related to the employee’s employment, but it is generally not considered part of the personnel record. 

Under federal law, employees do not have a right to access the information contained in their personnel file.  Best practice dictates that employees are given copies of information placed in their personnel files, including copies of their performance evaluations, any write ups or disciplinary notices provided to employees, and any positive information that may be generated about the employee.  Best practice also gives employees the right to add any explanatory materials they would like to a performance evaluation or a disciplinary document.  If pay stubs are any indication, it is unlikely that most employees would be able to locate those copies when needed and an issue may arise when an employee challenges an employer’s employment decision – including the decision to terminate the employee. 

Nineteen states have laws that require employers to provide employees and, in some cases, former employees access to their personnel files.  Those states include:  Alaska, California, Connecticut, Delaware, Illinois, Iowa Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin.  New York State has also recently passed a law which becomes effective November 8, 2026 that requires employers to provide employees with access to their personnel files.  As with wage and hour laws, each state law has different provisions and unique requirements, making it important that HR professionals review and understand what the law requires in their state.  Common elements in these laws are the process by which an employee or former employee can request access to their file, a time frame for the employer to respond to such requests, and limits on the number of times and how an employee may access their file.  Each state law may also contain a different definition of what constitutes information in a personnel file that is accessible under the law. 

It is imperative that human resources professionals become familiar with the status of the laws regarding personnel file access in the states in which they operate.  A failure to properly or timely respond to an employee’s request to view their file could lead to fines and other penalties.  A failure to properly handle a request to view a personnel file could also encourage a frustrated employee to seek legal counsel and threaten or commence litigation as a means of accessing information in the personnel file.  myHRcounsel can assist you in understanding and complying with your obligations under these laws, including the rules regarding access and what must be included in an employee’s personnel file.