Issues Regarding Employee Access to Their Personnel Files

Employers have varied practices regarding what materials to add to employee personnel files, but such materials generally include on-boarding documents, acknowledgments of certain policies such as handbooks, verification of participation in training, benefit elections, absentee records, and disciplinary records.  Some 19 states have laws that provide current and former employees with access to their personnel files upon request.  Such requests should be of concern to employers, as they are often motivated by an employee's desire to find evidence to support some type of legal claim.  A further problem, particularly in electronic filing, is that employers may be unknowingly filing additional personnel file materials when supervisors communicate with an employee with email and less formal communications, which may technically become part of the personnel file.  Employees who gain access to review their personnel files can generally request copies of such materials. 

Employers must, therefore, be careful as to the information placed in personnel files.  A common issue relates to investigatory materials.  It is advisable to create separate confidential investigatory files when there is such an investigation.  These type materials may or may not be disclosed under state law, but they at least furnish an opportunity for an employer to have an argument of confidentiality, with possible protection under the attorney-client privilege. 

This article is part of our December 2025 Newsletter. 

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