At some point in your career as a manager or as a human resources professional; you will encounter this request. This has been an ongoing debate that seems to end with an unclear resolution because this isn’t an issue that is regulated on a Federal level here in the United States. Rather, each State has their own statutes that determine whether the employees can gain access to certain parts or their whole file after they have submitted a request.
Now, if you have received this type of request in the past, there’s normally a few reasons why the employee has requested access:
- They don’t trust their manager
- They’re about to be terminated and they’re aware
- They received negative feedback on a performance evaluation
- They’re in the process of filing a lawsuit for something they have not received a resolution on yet.
Regardless of the reason, we want to focus on what you should do when an employee submits a verbal or written request to view their information. If you have a policy in place, you should start there first, and refer to the existing policy surrounding this type of request. If you do not have a policy, now is the time to create one as soon as possible.
Realistically speaking, here’s the process for allowing the employees to have access to their personnel files:
- The employee shall notify the HR department or management at least 24 hours in advance.
- Employee shall present proper identification which could be in the form of a company badge or state identification.
- Files may be viewed with the presence of an HR representative or a member of management who is not the immediate manager of the employee (for various reasons).
- Documents may not be photocopied by the employee, however copies may be requested by the employee. Notes shall be taken (depending on the state regulations). And these files shall NOT leave the office or premises, regardless of the reasons that are given.
- If there are any discrepancies, employee should be given an opportunity to dispute and clarify the information with an HR person. Inaccurate information and documents may be subject to being reviewed and removed, depending on the policies of the organization.
NOTE: If you have an existing HR system; this will simplify this process significantly. The employees will already have access to the information they are legally allowed to view. You can configure your system to secure certain parts of their records.
States without laws guaranteeing access are Mississippi, Missouri, New Jersey, New Mexico, and West Virginia. In 24 states, employees whether public or private can obtain complete access, or with limitations like medically related information. For the remaining 21 states, there are laws that govern the access of the personnel files. However, some of these states guarantee access only for public employees, not private. Here’s a quick graph for your reference.
| State | Public ONLY | Public & Private | Not Specified |
| Alabama | X | ||
| Alaska | X | ||
| Arizona | X | ||
| Arkansas | X | ||
| California | X | ||
| Colorado | X | ||
| Connecticut | X | ||
| Delaware | X | ||
| District of Columbia | X | ||
| Florida | X | ||
| Georgia | X | ||
| Hawaii | X | ||
| Idaho | X | ||
| Illinois | X | ||
| Indiana | X | ||
| Iowa | X | ||
| Kansas | X | ||
| Kentucky | X | ||
| Louisiana | X | ||
| Maine | X | ||
| Maryland | X | ||
| Massachusetts | X | ||
| Michigan | X | ||
| Minnesota | X | ||
| Mississippi | X | ||
| Missouri | X | ||
| Montana | X | ||
| Nebraska | X | ||
| Nevada | X | ||
| New Hampshire | X | ||
| New Jersey | X | ||
| New Mexico | X | ||
| New York | X | ||
| North Carolina | X | ||
| North Dakota | X | ||
| Ohio | X | ||
| Oklahoma | X | ||
| Oregon | X | ||
| Pennsylvania | X | ||
| Rhode Island | X | ||
| South Carolina | X | ||
| South Dakota | X | ||
| Tennessee | X | ||
| Texas | X | ||
| Utah | X | ||
| Vermont | X | ||
| Virginia | X | ||
| Washington | X | ||
| West Virginia | X | ||
| Wisconsin | X | ||
| Wyoming | X |
Tips moving forward
- Establish a clear policy for accessing the employee files. Who should have access, should the manager be present, how much of an advanced notice should the employee give and how to dispute the information in their file.
- If you do not have an HR System; consider investing in one so your employees can obtain to their information at all times. Think about building a culture of trust and transparency within your organization
- Anything in the folder should be information that has been discussed with the employee. Not side notes or comments about their hair, wardrobe, and general office conflicts or gossip.
Remember, this is not to serve as legal advice, rather this is a simplistic guide surrounding the question of whether the employees should have access to their personnel files. Please seek the advice of an attorney if you need further clarification on this matter.
Question: What have you done in this situation? Does your company have a policy for employee access?