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Homework answers / question archive / By law, does an employee have the right to see their human resource files?
By law, does an employee have the right to see their human resource files?
There are no federal laws which give employees the right to view their HR file. However, several states have laws that specify if an employee is permitted and under what circumstances the employee is permitted to view their HR file. Some states may require only a partial review of the items. For example, they may permit an employee to see their annual review, but not the specific feedback given by coworkers, subordinates, or managers. Some states allow employees to add their own documents or a response to documents contained in the file if they do not agree with them. For example, an employee may want to write a rebuttal to disciplinary action or a poor performance review.
To determine what rights the employee has to review their HR file, you should first check the employee handbook. The employee handbook will likely detail when, where, how, and the process the employee must follow to review the items in their HR file. If the employee handbook does not include this information, the state law will specify when, where, how, and the process for employees to review their HR file.
The employer may be less strict but cannot be more strict than the state law requires. For example, the state law may only permit the employee to take handwritten notes about the items in the file, but the employer may choose to offer to make a photocopy of the file at their expense for the employee. Regardless of the employer's policy or the particular state law, the employer has a vested interest in maintaining the confidentiality and integrity of the file and should take employee requests seriously and respond to requests promptly.
HR should work with legal counsel to ensure they are permitting access and responding to requests in accordance with their state laws.