Do employees have right to see personnel files?

What rights do employees have to access the information in their employee file? Does it vary by state?

Rita Risser's response:

Yes, it does vary by state. New Jersey does not allow employees access to their files. Pennsylvania and California do. California also allows employees to have copies of any document that has their signature (such as performance appraisals).

As a practical matter, I believe the best course of action is to allow employees access to their official personnel files. That practice tends to build trust, while hiding things increases mistrust.

California and other states do make a distinction between official personnel files and manager's working files. Official files contain the documentation supporting any employment decisions (e.g., the performance evaluation supports the decision to give or deny a pay increase). In contrast, the manager's working file contains notes that may or may not later be referenced in an official document. For example, a manager may keep track of an employee's mistakes in the working file, and if the mistakes continue, they may be referenced in the appraisal. If the mistakes do not continue, however, the manager may throw these notes away. Employees in California do not have the right to see these working files, only the official files.

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