Q: Are employees entitled by law to access their personnel files?
A: There is no federal law that gives private-sector employees the right to view their personnel files. Access is regulated entirely by state-specific laws.
There are currently 19 states that legally require employers to permit employees (and sometimes former employees) to view and/or obtain a copy of their personnel file. As of November 8, 2026, that number will increase to 20, when New York’s recently enacted Personnel Records Access Law goes into effect. The majority of states have no law requiring access to personnel files and there is no federal law that confers on current or former employees a statutory right to access their personnel files.
As of October of 2026, the following states provide right of access to current employees: Alaska, California, Colorado, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Virgina, Washington, and Wisconsin.
Some states, including New York (as of November 8, 2026), also allow former employees to view their personnel files. Each state has its own caveats to access. For example, Washington allows for a former employee to retain the right of rebuttal or correction for up to two years following their separation from employment.
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