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 Michigan, employees have the right to review their personnel records under the Bullard-Plawecki Employee Right to Know Act. This law applies to employers who have four or more employees and grants employees the right to review, obtain copies of, and even rebut information contained in their personnel files. Employees can request to review their file at reasonable intervals, generally not more than twice in a calendar year. The employer must provide access to the file within a reasonable time, usually within five working days after an employee makes a request. If there is a dispute about the accuracy or completeness of the information in the personnel file, the employee may submit a written statement explaining their position, which the employer must then attach to the disputed portion of the personnel file. Additionally, if an employer takes an adverse action against an employee based on information in the personnel file, the employer must provide the employee with a copy of the relevant documents within seven working days after the action is taken.