50-State Surveys › Employee Personnel File Access Requirements by State
Employee Personnel File Access Requirements by State
Can a current or former employee inspect or copy their personnel file, how quickly must the employer respond, and can the employee challenge inaccurate information?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-12
What this survey covers
An employer's “personnel file” is not necessarily every record with an employee's name on it. State statutes often define the file by function: records used to evaluate performance, discipline, promotion, compensation, training, or termination. This survey compares the state-law right of a current or former private-sector employee to inspect or copy those records. It also tracks the request method, response deadline, excluded material, copy charges, rebuttal rights, former-worker limits, and enforcement route.
Payroll and time records, medical files, background reports, public-employee files, and litigation discovery follow different legal schemes and are outside this survey. A state page may mention one of those only to explain why it does not establish a general personnel-file access right.
How to read the table
Start with the governing-law and requester columns. Some states cover current and former workers plus authorized representatives; others give current workers only a limited inspection right, impose a short post-termination window, or have no general private-employer statute at all. Next compare the covered and excluded records: a right to see performance and discipline material may still omit references, confidential investigations, test material, or third-party private information.
The deadline, location, and copy columns describe what the employer must do after a valid request. The final columns answer whether the employee can place a written rebuttal in the file and what happens if the employer refuses access.
Patterns from the completed table
California provides broad current-and-former access to performance, training, and grievance records, ordinarily within 30 calendar days, with a written extension capped at 35 days and a $750 penalty plus injunctive relief. Its 2025 amendment, effective January 1, 2026, materially expanded the training-record content that must be maintained.
Massachusetts uses a faster five-business-day deadline and adds a separate duty to notify an employee within 10 days after placing potentially negative material in the file. It also gives the employee a durable rebuttal right: an unresolved written statement becomes part of the record and must travel with the disputed material when transmitted to a third party.
Nevada demonstrates why former-worker and tenure limits need their own column. A former employee's inspection and copy request must be made within 60 days after termination, and no copy right exists unless employment lasted more than 60 days. Connecticut instead uses seven business days for a current employee, ten for a former employee, and a one-year post-termination request window.
The completed table confirms that no general private-sector access statute is the majority pattern: 32 jurisdictions provide no broad right to inspect or copy a personnel file. Broad-access states remain a minority, and several other states regulate only a narrow record category, industry, safety file, drug-test report, or employment-reference letter. That makes the governing-law and covered-record columns essential before comparing deadlines or copy rights.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law | Who may request the file | Records covered | Excluded or redacted records | How to request and verify authority | Response deadline and inspection location | Copy, mailing, and cost rights | Correction or employee rebuttal | Former-worker limits and enforcement |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-13 | No general Alabama private-employer personnel-file access statute; Title 25 (Industrial Relations and Labor) creates no such right |
No general statutory right for a current employee, former employee, or representative to request a private personnel file |
No generally inspectable private personnel-record category created by Alabama law |
Not applicable — no general private-file access right; the nearest Title 25 neighbor, the consumer-reporting-agency article (§ 25-1-40), concerns background reports, which are outside this survey |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or personnel-file-access remedy |
| Alaska verified 2026-07-12 | No general private personnel-file access statute in AS title 23; department record access under AS 23.05.080-.100 and state-employee-only access under AS 39.25.080(c) |
No general private requester class; separate state rule covers a state employee and persons the employee authorizes (AS 39.25.080(c)) |
No general private personnel-file coverage; state rule refers to employee's own state personnel files (AS 39.25.080(c)) |
No general private access scheme or exclusion/redaction list; state personnel records are otherwise confidential except as § 39.25.080 provides |
No general private request procedure; state employee may authorize others, but § 39.25.080(c) states no particular authorization form |
No general private deadline or inspection location; § 39.25.080(c) states no fixed response period or location for state-file examination |
No general private copy right or fee rule; state provision grants examination but does not expressly require an employee copy (AS 39.25.080(c)) |
No general private personnel-file correction or rebuttal procedure stated in titles 23 or 39 |
No general former-worker right, retention rule tied to access, request cap, or personnel-file refusal remedy |
| Arizona verified 2026-07-12 | No general private-sector personnel-file access statute; A.R.S. § 23-364(D) separately covers an employee's payroll records |
No general private personnel-file requester; narrow payroll-record right covers an employee or designated representative (§ 23-364(D)) |
No generally inspectable private personnel-file category; narrow right covers payroll records pertaining to the employee (§ 23-364(D)) |
Not applicable—no general private-file access right; public-employee, school, wage, medical, workers' compensation, and background records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No general personnel-file deadline or inspection-location rule; § 23-364(D) states no numeric deadline for the separate payroll-record right |
No general personnel-file copy, mailing, electronic-delivery, or fee right; § 23-364(D) separately permits payroll inspection and copying |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker personnel-file window, access-linked retention duty, or personnel-file remedy; do not import the separate wage-law remedies |
| Arkansas verified 2026-07-15 | No general Arkansas private-employer personnel-file access statute; current Labor Department guidance says policy or contract controls |
No general statutory request right for a current employee, former employee, or representative; a company policy or employment contract may define eligible requesters |
No generally inspectable private personnel-record category created by Arkansas law; policy or contract defines any voluntary access |
Not applicable — no general private-file access right. Government employees may use the state Freedom of Information Act, but public records are outside this survey |
No statutory request form, writing rule, delivery method, identity check, or representative-authorization procedure; policy or contract controls |
No statutory response deadline, extension rule, business-hours requirement, or inspection-location rule for private employers |
No general statutory private-file copy, mailing, format, or fee right; policy or contract controls any copy access |
No general statutory private personnel-file correction, deletion, or employee-rebuttal procedure |
No general former-worker access window, request cap, retention duty tied to access, or personnel-file-access remedy |
| California verified 2026-07-12 | California Labor Code § 1198.5; current/former employee inspection and copy right |
Current employee, former employee, or representative authorized in writing; qualifying CBA may replace statutory procedure (§ 1198.5(a), (e), (q)) |
Personnel records relating to performance, including education/training records, or a grievance; training records must identify provider, date/duration, competencies, and certification (§ 1198.5(a)) |
Criminal-investigation records, references, specified preemployment/exam records excluded; nonsupervisory employee names may be redacted (§ 1198.5(g)-(h)) |
Written direct request or employer form; form available after verbal request; employer may verify identity, require written representative authority, and designate recipient (§ 1198.5(b)(2), (e)-(f)) |
Inspect/copy within 30 calendar days; written agreement may extend only to day 35. Current: workplace/agreed site with no pay loss if moved; former: record-storage site or written agreed site (§ 1198.5(b)-(c)) |
Copy required on written request; charge no more than actual reproduction cost. Former employee may choose mail and reimburse actual postage (§ 1198.5(b)-(c)) |
No general correction, deletion, or employee-statement procedure stated in § 1198.5 |
Records retained at least 3 years; 1 former-worker request/year; $750 penalty, injunction, costs/fees, and infraction; access pauses during related lawsuit (§ 1198.5(c)-(d), (k)-(n)) |
| Colorado verified 2026-07-12 | C.R.S. § 8-2-129; private-sector personnel-file inspection and copy right |
Current private-sector employee at least annually; former employee once after termination. Public employees and employees of covered financial institutions excluded (§ 8-2-129(1)-(2), (4)) |
Records maintained/collected with reasonable efforts and used for employment qualifications, promotion, additional compensation, termination, or other discipline (§ 8-2-129(2)(c)) |
Legally separate-file records, confidential prior-employer reports, active criminal/disciplinary/regulatory investigations, and confidential accuser identity; public employers and banks/trusts/savings institutions/credit unions exempt (§ 8-2-129(2), (4)) |
No writing or ID formality stated; request access at employer's office. Employer may require inspection in presence of personnel-data manager or designee (§ 8-2-129(1)) |
No fixed day count; employer's office at a time convenient to both employer and employee (§ 8-2-129(1)) |
May inspect and obtain a copy of any covered part; employer may charge reasonable duplication cost (§ 8-2-129(1)) |
No statutory correction, deletion, or employee-statement procedure in § 8-2-129 |
One inspection after termination; no required creation/retention period and no private cause of action. Section states no agency remedy or penalty (§ 8-2-129(1), (3)) |
| Connecticut verified 2026-07-13 | Conn. Gen. Stat. ch. 563a, §§ 31-128a to 31-128j; civil penalty in § 31-69a. Written-request inspection, business-day deadlines, reasonable-cost copies, rebuttal statement, one-year former-worker window |
Any individual currently or formerly employed, expressly including managerial employees (§ 31-128a(1)); a former employee's request must reach the employer within one year of termination (§ 31-128b(b)) |
The personnel file: papers, documents, and reports (including email and facsimiles) used to determine eligibility for employment, promotion, added compensation, transfer, termination, or other disciplinary/adverse action, including evaluations and reports on character, credit, and work habits (§ 31-128a(5)) |
Stock-option/management-bonus-plan records, medical records, third-party reference or recommendation letters, future-operations planning materials, separately maintained security files, test information whose disclosure would invalidate the test, and documents being prepared for civil, criminal, or grievance proceedings (§ 31-128a(5)); medical records follow § 31-128c |
Written request to the employer (§ 31-128b(a)-(b)); no notarization or ID formality stated. Third-party disclosure of the file generally needs the employee's written consent, subject to listed exceptions (§ 31-128f) |
Current employee: no more than 7 business days, during regular business hours at or reasonably near the workplace. Former employee: no more than 10 business days, at a mutually agreed location, or the employer may mail a copy. Employer may keep the file on-premises and require a designated official to be present (§§ 31-128b(a)-(b), 31-128d) |
Employer must furnish a copy of all or part of the file within a reasonable time after a written request that reasonably identifies the materials, and may charge a fee reasonably related to the cost of supplying them (§ 31-128g). Separate copy duties: any disciplinary-action documentation within one business day, and any termination notice immediately (§ 31-128b(c)) |
If the parties cannot agree to remove or correct disputed information, the employee may submit a written statement, which is kept in the file and must accompany any transmittal or disclosure to a third party (§ 31-128e(a)). Disciplinary actions, termination notices, and performance evaluations must carry a conspicuous notice of this right (§ 31-128e(b)) |
Former employee has 10 business days to inspect/copy if the written request is made within one year of termination; the employer must retain the file at least one year after termination (§ 31-128b(a)-(b)). No more than two inspections per calendar year (§ 31-128h). Labor Commissioner investigates with subpoena power (§ 31-128j); civil penalty up to $500 for a first violation and up to $1,000 per subsequent violation as to an individual employee/former employee, sued for by the Attorney General on the Commissioner's complaint (§ 31-69a(b)-(c)) |
| Delaware verified 2026-07-12 | 19 Del. C. §§ 730-735; reasonable-time inspection, note-taking, annual limit, durable rebuttal, and $1,000-$5,000 civil penalty |
Currently employed persons, workers laid off with reemployment rights, and workers on leave; applicants and designated agents excluded (19 Del. C. § 731(1)) |
If maintained: applications, pay information, commendations, warnings/discipline, deductions, benefits, leave, employment history, retirement, attendance, evaluations, and medical records; inspection right covers files used for specified employment decisions (§§ 731(3), 732) |
Possible-criminal-offense investigations, references, documents being developed/prepared for civil, criminal, or grievance proceedings, future-operations planning, and FCRA-available information (§ 731(3)) |
Request may be made without a prescribed form unless employer requires written identification form; written request must state purpose or particular file parts sought (§ 732) |
Reasonable time; regular business hours where records ordinarily maintained, with sufficient inspection time; employer may require employee free time and designated official's presence (§§ 732-733) |
Notes permitted; Act does not require permission to remove file, any part, or a copy from employer premises and states no copy-fee rule (§ 733) |
Parties may agree to remove/correct; if not, employee may submit written position kept in file or medical records and accompanying third-party transmittals/disclosures (§ 734) |
No general former-worker right beyond layoff with reemployment rights or leave; inspection may be limited to once per calendar year except reasonable cause; refusal or retaliation carries $1,000-$5,000 civil penalty per violation (§§ 731(1), 733, 735) |
| District of Columbia verified 2026-07-12 | No general private personnel-file access law in D.C. Code title 32; District-government employee access under D.C. Code § 1-631.05 |
No general private requester class; public rule covers a District employee or any representative of the employee's choice (§ 1-631.05(a)(1)) |
No general private coverage; public rule covers the District employee's official personnel record (§ 1-631.05(a)(1)) |
Public rule excludes confidential-source identity unless redacted, injurious medical information, criminal investigations, suitability inquiries/confidential questionnaires, and reusable test materials, subject to stated partial disclosures (§ 1-631.05(a)(2)) |
No general private request procedure; public employee may choose a representative, but § 1-631.05 states no particular request or authorization form |
No general private deadline or location; public disclosure occurs in presence of agency-custodian representative, with no fixed day count (§ 1-631.05(a)(1)) |
No general private copy right or fee rule; § 1-631.05 requires supervised disclosure of the public file but does not expressly require a copy |
No general private right; public employee may present germane information and seek removal of irrelevant, immaterial, or untimely material, with hearing opportunity before removal (§ 1-631.05(b)-(c)) |
No general former-worker right, access-linked retention rule, request cap, or private personnel-file remedy |
| Florida verified 2026-07-12 | No general private-sector personnel-file access statute in current Fla. Stat. ch. 448; § 1012.31 separately covers public-school employees only |
No general statutory right for a current employee, former employee, or representative of an ordinary private employer |
No generally inspectable private personnel-record category created by Florida law |
Not applicable—no general private-file access right; public-school, public-record, medical, background-screening, and other specialized records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| Georgia verified 2026-07-12 | No general private-sector access statute; Ga. Comp. R. & Regs. 111-8-1-.14(4) narrowly covers licensed adult day centers |
Each current employee of an adult day center; rule does not extend access to former employees, representatives, or volunteers (§ 111-8-1-.14(4)) |
Adult day-center record includes employment/volunteer application, references, current license/certificate and driver license if applicable, training/CPR/first-aid records, and background-screening evidence (§ 111-8-1-.14(4)) |
No exclusion/redaction list stated for the narrow adult day-center record; ordinary private employers have no general statutory file-access scheme |
Adult day-center rule states access but no request form, recipient, representative authorization, or identity-verification procedure |
No response deadline, business-hours rule, or inspection location stated in the adult day-center regulation |
Access stated, but no required copy, mailing/electronic delivery, or fee rule |
No correction, deletion, inquiry, or employee-rebuttal procedure stated |
No former-worker right or employee-specific access remedy stated; rule is part of adult day-center licensing standards, not a general personnel-file cause of action |
| Hawaii verified 2026-07-12 | No general private-sector personnel-file access statute; HRS § 371-11 requires employment records but grants inspection/copy authority to the labor director |
No general current- or former-employee requester class for private personnel files; § 371-11 authorizes the director or authorized representative, not the employee |
No general employee-access HR-file category; § 371-11 covers employer records of persons employed, wages, hours, and other employment conditions/practices for agency purposes |
N/A — no general private personnel-file access right from which exclusions or redactions operate |
No general statutory personnel-file request or identity-verification procedure |
No general statutory response deadline or inspection-location rule |
No general statutory personnel-file copy, mailing, or cost rule; § 371-11's copy-on-demand duty runs to the labor director |
No general statutory personnel-file correction, deletion, or employee-rebuttal procedure |
No general former-worker personnel-file window, retention duty, request cap, or refusal remedy |
| Idaho verified 2026-07-12 | No general private-sector personnel-file access statute; Idaho Code §§ 74-106(1) and 33-518 create public-official and school-district rights |
No general private requester class; public officials/authorized representatives and school-district employees/designated representatives have narrow public-sector rights |
No general private HR-file category; § 33-518 school files contain material relevant to evaluation, while § 74-106(1) covers a public official's personnel records |
N/A for private employment; public-official access excludes employment screening/testing material, and school copy access excludes recommendation letters (§§ 74-106(1), 33-518) |
No general private-sector procedure; public authorized/designated representatives may act, and school access/copies are provided upon request (§§ 74-106(1), 33-518) |
No general private-sector deadline/location rule; school districts must provide timely notice and timely requested copies but statute gives no day count (§ 33-518) |
No general private copy/cost rule; public officials may inspect/copy, and school employees receive requested copies except recommendation letters, with no fee stated (§§ 74-106(1), 33-518) |
No general private correction procedure; school employees must be allowed to attach a rebuttal to any material placed in the file (§ 33-518) |
No general private former-worker window, retention duty, request cap, or refusal remedy; public-record statute includes current/former public-official records but states no private-sector right |
| Illinois verified 2026-07-12 | Illinois Personnel Record Review Act, 820 ILCS 40/1-13; major access amendments effective January 1, 2025 |
Current employee, recall-eligible/on-leave worker with return rights, or former employee within 1 year; employer must have ≥5 employees, excluding listed immediate family (§ 1) |
Decision-related personnel documents; binding employment contracts, employee handbooks, and applicable written policies; includes records held by a contracted recordkeeper (§ 2(a)) |
References/academic peer review, tests except cumulative score, multiworker planning, third-party private information, pending-claim discovery, certain investigations until adverse action, trade secrets/client lists/projections/financial data (§ 10) |
Written request—including email/text—to record custodian/HR/payroll/supervisor/manager or policy recipient; identify records, inspect/copy choice, format, representative, and medical waiver if applicable (§ 2(b)-(c), (e)) |
7 working days; employer may take 7 additional calendar days if it reasonably shows need. In-person inspection near workplace during normal hours, unless a more convenient time/place is allowed (§ 2(d)) |
Inspect, copy, and receive hardcopy or reasonable commercial electronic format; employer must email/mail on request. Fee limited to actual duplication cost, excluding staff/equipment/software overhead (§ 2(a), (c)-(d)) |
Mutual correction/removal; if unresolved, employee statement attaches to disputed material and travels with third-party release. Knowingly false information may be expunged through legal action (§ 6) |
Former-worker right lasts 1 year; employer must grant ≥2 requests/year. IDOL complaint; employee may sue after unresolved 180 days/certification; actual damages/costs, plus $200 and fees for willful knowing violation; retaliation barred (§§ 1-2, 12) |
| Indiana verified 2026-07-13 | No general Indiana private-employer personnel-file access statute; Indiana Code Title 22 (Labor and Safety) creates no such right |
No general statutory right for a current employee, former employee, or representative to request a private personnel file |
No generally inspectable private personnel-record category created by Indiana law |
Not applicable — no general private-file access right; the public-records scheme (IC 5-14-3) reaches only public agencies and is outside this survey |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or personnel-file-access remedy |
| Iowa verified 2026-07-12 | Iowa Code §§ 91B.1 and 91A.2; current employee access/copy right with employment-reference exclusion and commercial-copy-rate fee cap |
Natural persons currently employed in Iowa for wages, including covered commission salespersons; excludes specified agricultural relationships and qualifying independent contractors (§§ 91B.1(1), 91A.2(3)) |
Personnel file, including but not limited to performance evaluations, disciplinary records, and other information concerning employer-employee relations (§ 91B.1(1)) |
Employment references written for the employee are excluded; no other express § 91B.1 exclusion or redaction category stated (§ 91B.1(2)(b)) |
Statute states no written, notarized, or ID-copy requirement; employer and employee must agree on access time, and employer representative may attend (§ 91B.1(2)(a)) |
No fixed deadline or inspection location; employer and employee must agree on when access occurs (§ 91B.1(2)(a)) |
Employee may obtain a copy; employer may charge per page no more than the amount a commercial copying business charges (§ 91B.1(1), (2)(c)) |
No statutory correction, deletion, or attached employee-rebuttal procedure in § 91B.1 |
Section 91B.1 uses the current-tense § 91A.2 employee definition and does not expressly include former employees; no access-linked retention period, request cap, agency penalty, or private remedy stated in chapter 91B |
| Kansas verified 2026-07-12 | No general private-sector personnel-file access statute; K.S.A. 45-221(a)(4) and 71-216(c) are public-sector records/retention provisions, not a private access right |
No general current- or former-private-employee requester class; cited provisions concern public-agency records and community-college employees |
No general private HR-file category; KORA separately addresses public personnel records/performance ratings, and § 71-216(c) requires community-college evaluation documents/responses to be retained |
N/A — no general private personnel-file access right; public agencies may withhold personnel records, performance ratings, and individually identifiable employee/applicant records under § 45-221(a)(4) |
No general private-sector statutory personnel-file request or identity-verification procedure |
No general private-sector statutory response deadline or inspection-location rule |
No general private-sector statutory personnel-file copy, mailing, or cost rule |
No general private-sector statutory correction, deletion, or attached employee-rebuttal procedure; § 71-216(c)'s evaluation-response retention rule is limited to community colleges |
No general private former-worker personnel-file window, retention duty, request cap, or refusal remedy |
| Kentucky verified 2026-07-12 | No general private-sector personnel-file access statute; KRS 18A.020 is a public state-employee rule outside this survey |
No general private current/former requester class; KRS 18A.020 covers employees and applicants in the state personnel system |
No general private HR-file category; public KRS 18A.020 covers official personnel actions and supporting documentation |
N/A — no general private personnel-file access right. Public-system examination materials are separately excluded by KRS 18A.020(4) |
No general private statutory request or verification procedure |
No general private statutory response deadline or inspection-location rule |
No general private statutory personnel-file copy, mailing, or cost rule |
No general private correction/rebuttal procedure; public state employees may attach written comments under KRS 18A.020(3) |
No general private former-worker window, retention duty, or refusal remedy |
| Louisiana verified 2026-07-12 | No general private personnel-file access statute; La. R.S. 23:1016 covers toxic-exposure/medical records and La. R.S. 23:1125 covers specified workers' compensation medical reports |
No general personnel-file requester class; § 23:1016 covers current/former exposed workers or designated representatives, and § 23:1125 covers injured workers or representatives |
No general HR-file category; narrow rights cover toxic-exposure/employee medical records and specified employer-requested or employer-held workers' compensation medical reports (§§ 23:1016, 23:1125) |
N/A — no general private personnel-file right. The narrow statutes do not open performance, discipline, promotion, grievance, or termination material |
No general statutory request procedure; § 23:1125(B) requires written demand for employer-held treatment records |
No general personnel-file deadline/location; § 23:1125 gives 30 days after receipt of report or written demand for the specified medical records |
No general personnel-file copy/cost rule; § 23:1125 requires the specified medical report or records at no cost |
No general statutory correction, deletion, or employee-rebuttal procedure |
No general former-worker personnel-file window or remedy; § 23:1016 includes former exposed workers and allows suit, fees, and costs to enforce that narrow access right |
| Maine verified 2026-07-12 | 26 M.R.S. § 631; written-request review and copy right, 10-day response, annual free copies, civil forfeiture and equitable relief |
Current employee, former employee, or duly authorized representative, if the employer has a personnel file for that employee (26 M.R.S. § 631) |
Personnel file includes formal and informal evaluations; reports on character, credit, work habits, compensation and benefits; and nonprivileged medical records or nurses' notes in employer possession; list is nonexclusive (26 M.R.S. § 631) |
Privileged medical records or nurses' notes are outside the defined medical-record category; § 631 states no other itemized personnel-file exclusion or redaction rule |
Written request from employee or former employee; duly authorized representative may review and copy, but § 631 states no particular authorization or identity-verification form |
Opportunity within 10 days after receipt unless good cause; where files are maintained during normal office hours, unless employer arranges a more convenient time and location (26 M.R.S. § 631) |
Each calendar year, one free entire-file copy plus one free copy of all later-added material; requester pays for other copies; employer must provide equipment for nonpaper records (26 M.R.S. § 631) |
No correction, removal, or employee-rebuttal procedure stated in 26 M.R.S. § 631 |
Former employees have the same express request right with no post-termination window stated; $25-per-day civil forfeiture up to $500, equitable relief including injunction, and possible costs and reasonable attorney fees (26 M.R.S. § 631) |
| Maryland verified 2026-07-12 | No general private-sector personnel-file access statute in the current Labor and Employment Article; § 3-424 separately requires wage/hour records |
No general statutory right for a current employee, former employee, or representative to request an ordinary private personnel file |
No generally inspectable private personnel-record category; § 3-424 concerns employer wage/hour recordkeeping only |
Not applicable—no general private-file access right; public-employee, wage, medical, background, safety, and litigation records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, electronic-delivery, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| Massachusetts verified 2026-07-12 | Mass. Gen. Laws ch. 149, § 52C—5-business-day review/copy, 10-day negative-material notice, rebuttal, retention, and AG-enforced fine |
Current or former employee; private higher-education tenure, tenure-track, and similar positions excluded. No representative right stated (§ 52C) |
Records used or potentially affecting employment decisions; a detailed ≥20-employee statutory list expressly includes performance evaluations (§ 52C) |
Third-party personal information whose disclosure would be a clearly unwarranted privacy invasion; excluded private-college tenure-track roles; separate medical records outside scope (§ 52C) |
Written request for review or copy; no notarization, certified mail, employer form, ID copy, or general representative-authorization rule stated (§ 52C) |
Review and copy within 5 business days; review at workplace during normal business hours. Negative material notice within 10 days (§ 52C) |
Copy required within 5 business days; statute states no copying-fee amount or no-charge rule (§ 52C) |
Mutual correction/removal; unresolved statement joins file and travels with disclosure; material employer knew or should have known was false may be expunged (§ 52C) |
Former employees covered with no stated request cutoff; ≥20-employee firms retain complete record 3 years. Current remedy: AG enforcement and $500-$2,500 fine (§ 52C) |
| Michigan verified 2026-07-12 | Bullard-Plawecki Employee Right to Know Act, Mich. Comp. Laws §§ 423.501-.511 |
Current or former employee; employer must have ≥4 employees. No former-worker cutoff or general representative right stated (§ 423.501) |
Records used or potentially affecting employment, promotion, transfer, added compensation, or discipline, including contracted recordkeepers (§ 423.501) |
References, multiemployee planning, separately available medical records, third-party private data, separate investigations, education records, unshared maker notes (§ 423.501) |
Written request describing the personnel record; no notarization, certified mail, employer form, or general ID-copy requirement (§ 423.503) |
No fixed day count—reasonable intervals, generally ≤2/year, near workplace during office hours; alternate reasonable time if work leave otherwise needed (§ 423.503) |
After review, all/part copies at actual incremental duplication cost; mail required on written request if employee cannot review at employing unit (§ 423.504) |
Mutual correction/removal; unresolved statement up to 5 letter-size sheets travels with disclosure; knowingly false material may be judicially expunged (§ 423.505) |
Former employees covered without stated cutoff; generally ≤2 reviews/year. Court compliance action; actual damages/costs, plus $200 and fees for willful knowing violation (§§ 423.501, .503, .511) |
| Minnesota verified 2026-07-12 | Minn. Stat. §§ 181.960-.965; personnel-record review, free copy, rebuttal, retaliation, and civil remedies |
Employee whose services were performed predominantly in Minnesota, including a person separated less than 1 year; excludes independent contractors and public employees covered by chapter 13 (§ 181.960 subds. 2-3) |
If maintained: application, pay history, commendation/warning/discipline/termination notices, deductions, benefits, leave, attendance, evaluations, job/transfer/promotion history, and retirement record (§ 181.960 subd. 4) |
References; incomplete investigations; education/test material beyond scores; planning; third-party private data; sole-possession supervisor notes; privileged/nondiscoverable material; coworker identity; medical records (§ 181.960 subd. 4) |
Written request required; employer may deny a request not made in good faith but bears the burden of proving bad faith (§ 181.961 subds. 1, 3) |
7 working days if record is in Minnesota; 14 working days if outside. Current employee reviews during normal operating hours at workplace or nearby, possibly with employer/designee present (§ 181.961 subd. 2) |
Current employee gets a copy after review and written request; separated employee gets a copy on written request, satisfying review duty. No copy fee (§ 181.961 subd. 2(b)-(d)) |
Revision/removal by agreement; otherwise employee may submit a specific written statement up to 5 pages, kept with disputed material and sent with later disclosures (§ 181.962 subd. 1) |
Review once/year after separation while record is maintained; definition includes separated workers for <1 year. Civil action within 1 year: compliance, actual damages/costs; retaliation adds back pay, reinstatement/equity, and fees (§§ 181.960 subd. 2, 181.961 subd. 1, 181.964-.965) |
| Mississippi verified 2026-07-17 | No general Mississippi private-employer personnel-file access statute; Official Code Title 71 (Labor and Industry) creates no such right |
No general statutory request right for a current employee, former employee, or representative |
No generally inspectable private personnel-record category; § 71-7-9 separately covers a positive drug-test result report only |
Not applicable — no general private-file access right; public-employee records, payroll/time records, medical files, and drug-test records follow separate laws outside this survey |
No statutory writing, delivery, identity-verification, or representative-authorization procedure for a general private personnel-file request |
No statutory response deadline, extension rule, business-hours requirement, or inspection-location rule for private employers |
No general statutory copy, mailing, format, or fee right for a private personnel file; § 71-7-9 allows a copy of a positive drug-test report only |
No general statutory personnel-file correction or rebuttal procedure; § 71-7-9 allows an explanation of a positive drug result only |
No general former-worker access window, request cap, retention duty tied to access, or personnel-file-access remedy |
| Missouri verified 2026-07-12 | No general personnel-file access statute; Mo. Rev. Stat. §§ 290.140 and 290.152 provide narrow service/reference-letter rights |
No general requester; service letter: former corporate employee, ≥7 employees, ≥90 days' service; reference-response copy: current/former employee (§§ 290.140, .152) |
No inspectable file; narrow letters cover service nature/character, duration, and reason for discharge or quit (§§ 290.140, .152) |
Evaluations, applications, discipline, grievances, training, and other personnel-file material remain outside the narrow letter statutes |
Service letter: written certified-mail request to superintendent, manager, or registered agent, specifically citing § 290.140; reference letter copy may be requested (§ 290.152) |
Service letter within 45 days; request must be within 1 year after separation. Reference-response copy request allowed up to 1 year after letter; no file location rule |
No general file copy; employer sends employee a copy of prospective-employer response letter, and employee may request it for 1 year; no fee stated (§ 290.152) |
No personnel-file correction or rebuttal process; service/reference letter must truly state any reason for discharge or quit (§§ 290.140, .152) |
Service-letter eligibility/request limits above; compensatory damages and possible nominal/punitive damages for failure to issue; § 290.152 provides compensatory damages (§§ 290.140, .152) |
| Montana verified 2026-07-12 | No general private personnel-file access statute; narrow drug/alcohol test-report and rebuttal right under MCA §§ 39-2-205 and 39-2-209 |
No general requester class; narrow right belongs to an employee tested under a qualified testing program, within the Act's covered-employee definition (MCA §§ 39-2-206(4), -209) |
No general personnel-file coverage; narrow rule covers the tested employee's drug or alcohol test report (MCA § 39-2-209) |
No general access scheme or exclusion list; qualified-testing information is confidential with limited statutory uses and disclosures (MCA §§ 39-2-207(1)(j)-(k), -211) |
No general personnel-file request procedure; employer must provide the test report, while an additional split-sample test is obtained at the tested employee's request (MCA § 39-2-209) |
No general deadline or inspection location; MCA § 39-2-209 states no fixed delivery deadline or location for the test-report copy |
No general copy right or fee rule; test-report copy required, and split-sample retest cost falls on employer if negative or employee if positive (MCA § 39-2-209) |
No general file-correction right; tested employee must have an opportunity to rebut or explain any test result (MCA § 39-2-209) |
No express former-worker personnel-file right, access-linked retention rule, request cap, or general personnel-file remedy |
| Nebraska verified 2026-07-12 | No general private-sector personnel-file access statute; Neb. Rev. Stat. §§ 23-416(3) and 71-3508(2) provide narrow county-civil-service and radiation-exposure rights |
No general private requester class; county classified-service employees may inspect their records under § 23-416(3), and radiation-monitored employees receive specified exposure records under § 71-3508(2) |
No general HR-file category; narrow provisions cover county civil-service personnel records and an employee's personal radiation-exposure record |
N/A — no general private personnel-file access right; county records are limited to the employee, department head, and commission-authorized persons (§ 23-416(3)) |
No general private-sector statutory personnel-file request or identity-verification procedure |
No general private-sector statutory response deadline or inspection-location rule |
No general private personnel-file copy/cost rule; radiation-monitored employees must receive specified personal and annual exposure-record copies (§ 71-3508(2)) |
No general private-sector statutory correction, deletion, or employee-rebuttal procedure |
No general private former-worker window, retention duty, request cap, or refusal remedy; § 71-3508(2) requires a personal exposure-record copy upon termination for monitored workers |
| Nevada verified 2026-07-12 | NRS 613.075; reasonable business-hours inspection, requested copies, actual-cost cap, written explanation/challenge, and 60-day former-worker window |
Current employees, former employees within 60 days after termination, and persons referred for work by a labor organization; copy eligibility requires more than 60 days of employment (NRS 613.075(1), (4), (7)) |
Employer records used to determine employee qualifications or disciplinary action, including termination; labor-organization records concerning the referred person's position on past, present, and future referral lists (NRS 613.075(1)) |
Confidential reports from previous employers or investigative agencies, other confidential investigative files/information, and information concerning the person's investigation, arrest, or conviction for violating law (NRS 613.075(1)) |
Request required but no writing, notarization, or ID-copy formality stated for access/copies; accuracy challenge must be written, and employer may prescribe the format of an employee explanation (NRS 613.075(1)-(2), (6)) |
Reasonable opportunity during usual business hours; no fixed day count or specific inspection location. Former-worker inspection must occur within 60 days after termination (NRS 613.075(1), (4)) |
Copies required on request and charge limited to actual cost of access/copies; no copies unless employment lasted more than 60 days (NRS 613.075(1)(b), (5), (7)) |
Worker may submit a reasonable written explanation directly responding to a written entry; it must be maintained in the records. Written inaccuracy/incompleteness challenge requires correction if employer/labor organization finds it valid (NRS 613.075(2), (6)) |
Inspection/copy request window ends 60 days after termination; copies require more than 60 days' employment. Secret employment records prohibited, but § 613.075 states no retention period, request cap, agency penalty, or express private remedy (NRS 613.075(3)-(4), (7)) |
| New Hampshire verified 2026-07-12 | RSA 275:56; reasonable-opportunity inspection, requested copies, reasonable-cost fee, and durable written rebuttal |
Employees who request access; statute does not expressly include former employees or state a representative procedure (RSA 275:56(I)) |
Employee's personnel file; statute gives no narrower functional definition or itemized list (RSA 275:56(I)) |
Current-investigation information if disclosure would prejudice law enforcement; government-security-investigation information; wellness-program health/fitness/lifestyle data is not a personnel record and may not be retained in the file (RSA 275:56(III)-(IV)) |
Request required but statute states no writing, notarization, ID-copy, or representative-authorization formality (RSA 275:56(I)) |
Reasonable opportunity to inspect; no fixed calendar/business-day deadline, inspection location, or business-hours rule stated (RSA 275:56(I)) |
Copy of all or part of file required on request; fee limited to amount reasonably related to cost of supplying requested documents (RSA 275:56(I)) |
Employee and employer may agree to removal/correction; if not, employee may submit written version plus supporting evidence, kept in file and included with third-party file transmissions/disclosures of contested information (RSA 275:56(II)) |
Former employees are not expressly included; no access-linked retention period, request cap, or specific refusal penalty/private remedy stated in RSA 275:56 |
| New Jersey verified 2026-07-12 | No general private-employer personnel-file access statute; N.J.S.A. 34:11-4.6 separately requires pay statements and wage/hour records, not broader file access |
No general statutory right for a current employee, former employee, or representative to request an ordinary private personnel file |
No generally inspectable private personnel-record category; § 34:11-4.6 covers pay statements and employer wage/hour recordkeeping only |
Not applicable—no general private-file access right; public-employee, school, wage, medical, background, and licensed-facility records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, electronic-delivery, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| New Mexico verified 2026-07-12 | No general private-sector personnel-file access statute; NMSA 1978, § 50-9-11(B) narrowly grants current/former access to personal toxic-exposure records |
No general personnel-file requester class; employees and former employees may access their own monitored toxic-material or harmful-agent exposure records under § 50-9-11(B) |
No general HR-file category; narrow access covers records indicating the worker's own exposure to toxic material or harmful physical agents (§ 50-9-11(B)) |
N/A — no general private personnel-file access right from which exclusions or redactions operate |
No general statutory personnel-file request or identity-verification procedure; § 50-9-11(B) states no request formality for the narrow exposure-record right |
No general statutory response deadline or inspection-location rule; no fixed production deadline stated for exposure records |
No general statutory personnel-file copy, mailing, or cost rule; § 50-9-11(B) grants access but does not expressly state a copy right or fee |
No general statutory personnel-file correction, deletion, or employee-rebuttal procedure |
No general former-worker personnel-file window, retention duty, or refusal remedy; former workers are expressly included only for their own exposure records, whose retention period is set by regulation (§ 50-9-11(B)) |
| New York verified 2026-07-12 | No current general private-sector personnel-file access section in N.Y. Labor Law art. 7; proposed §§ 210-b and 211-b have not become law |
No general statutory right for a current employee, former employee, or representative of an ordinary private employer |
No generally inspectable private personnel-record category created by current New York law |
Not applicable—no general private-file access right; medical, public-employee, criminal-history, payroll, and other specialized records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| North Carolina verified 2026-07-12 | No general private-employer personnel-file access requirement; official NCDOL guidance says each employer decides whether employees may see their file |
No general statutory right for a current employee, former employee, or representative to request an ordinary private personnel file |
No generally inspectable private personnel-record category created by North Carolina law |
Not applicable—no general private-file access right; state/local public-employee, school, wage, medical, background, and safety records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, electronic-delivery, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| North Dakota verified 2026-07-12 | No general private personnel-file access statute in N.D.C.C. title 34; public-employee-only access and response rights under N.D.C.C. § 54-06-21 |
No general private requester class; public rule covers employee or designated representative (§ 54-06-21(3)) |
No general private coverage; public rule governs official personnel file maintained under agency-head supervision and material filed there (§ 54-06-21) |
No general private exclusion list; public administrators may keep separate performance notes for evaluations or possible discipline (§ 54-06-21(7)) |
No general private request procedure; public employee or representative examines by appointment, with no further statutory authorization form stated (§ 54-06-21(3)) |
No general private deadline or location; public-file examination is by appointment during normal business hours (§ 54-06-21(3)) |
No general private copy right or fee rule; public employee may reproduce any file material at employee's expense (§ 54-06-21(5)) |
No general private rebuttal right; public employee may attach an answer, and material found meritless or unfounded through grievance must be removed (§ 54-06-21(2)) |
No general former-worker right, retention rule, request cap, or private personnel-file remedy |
| Ohio verified 2026-07-12 | No general private-sector personnel-file access statute; Ohio Rev. Code § 4111.14(F)-(G) separately covers specified wage/personal data, not the broader file |
No general statutory private personnel-file requester; § 4111.14 narrowly covers an employee or specifically authorized union representative, attorney, parent, guardian, or custodian for wage data |
No generally inspectable private personnel-file category; narrow wage right covers name, address, occupation, pay rate, hours, and amounts paid (§ 4111.14(F)-(G)) |
Not applicable to a general private file; public-employee, school, medical, background-check, and wage-record schemes are outside scope |
No general personnel-file method; for narrow wage data, employer may require a signed, notarized written request specifying information (§ 4111.14(G)(4)) |
No general personnel-file deadline/location rule; narrow wage-data deadline is 30 business days, alternative agreement, or as soon as practicable for hardship (§ 4111.14(G)(3)) |
No general private personnel-file copy/mailing/fee right; specified wage data must be provided without charge (§ 4111.14(G)) |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to personnel-file access, or personnel-file remedy; wage records separately retained 3 years (§ 4111.14(F)) |
| Oklahoma verified 2026-07-12 | No general private-sector personnel-file access statute; Okla. Stat. tit. 40, §§ 165.2 and 171 provide only narrow wage-statement and public-service-corporation service-letter rights |
No general current- or former-employee requester class; § 171 narrowly covers an employee discharged from or voluntarily leaving a public service corporation or its contractor |
No general HR-file category; § 165.2 covers a deduction statement with each wage payment, while § 171 covers a service letter stating work nature/duration and the reason for discharge or quitting |
N/A — no general private personnel-file access right from which exclusions or redactions operate |
No general statutory personnel-file request or identity-verification procedure; § 171 requires a request but states no notarization or ID-copy formality |
No general statutory response deadline or inspection-location rule; § 171 states no fixed deadline for the narrow service letter |
No general statutory personnel-file copy, mailing, or cost rule |
No general statutory personnel-file correction, deletion, or employee-rebuttal procedure; § 171 separately requires the narrow service letter to state the facts correctly |
No general former-worker personnel-file window, retention duty, or refusal remedy; § 171 makes refusal or an incorrect service letter a misdemeanor for the covered public-service-corporation manager or contractor |
| Oregon verified 2026-07-12 | ORS 652.750 and 652.900; 45-day personnel-record inspection/certified-copy right enforced by BOLI civil penalty |
Employees; statute requires personnel records kept at least 60 days after termination, supporting post-termination access while records remain. No representative procedure stated (ORS 652.750(2)-(3)) |
Records used for employment qualifications, promotion, additional compensation, termination, or other discipline; statute also includes time/pay records, outside this survey (ORS 652.750(2)) |
Criminal conviction/arrest/investigation records, confidential prior-employer reports, and records maintained under ORS 352.226 excluded (ORS 652.750(1)(b)) |
Request required, but statute states no writing, notarization, or ID-copy formality; employer may clarify whether time/pay records are also sought (ORS 652.750(2)) |
Within 45 days: reasonable inspection opportunity at workplace/work assignment and certified copy; if not readily available, parties may agree to extend (ORS 652.750(2), (4)) |
Certified copy required within 45 days; charge capped at amount reasonably calculated to recover actual cost (ORS 652.750(2), (5)) |
No general employee correction/rebuttal right; public safety officers have a special 30-day adverse-comment response and written correction/deletion request process (ORS 652.750(6)-(7)) |
Personnel records retained at least 60 days after termination; BOLI complaint available and Commissioner may assess civil penalty up to $1,000 for ORS 652.750 violation (ORS 652.750(3), 652.900(1)(a)) |
| Pennsylvania verified 2026-07-12 | Inspection of Employment Records Law, 43 P.S. §§ 1321-1324 (1978 Act 286, amended 1990) |
Currently employed, on leave, or laid off with reemployment rights; employee or specifically designated agent. Applicants and other former workers excluded (§§ 1321-1322.1) |
Maintained records used for employment, promotion, added compensation, termination, or discipline; includes applications, pay, commendation/warning/discipline, deductions, benefits, leave, history, attendance, retirement, and evaluations (§§ 1321-1322) |
Criminal-investigation records, references, documents being prepared for civil/criminal/grievance proceedings, medical records, future-operations planning, and FCRA-accessible information excluded (§ 1321) |
Request may be informal; employer may require its written identification form stating purpose or file parts. Agent needs signed authorization for specific date(s), purpose or parts (§§ 1322-1322.1) |
No fixed day count—access at reasonable times, during regular business hours where records are ordinarily kept, with sufficient time; employer may require use of employee/agent free time (§§ 1322-1323) |
No required copy or removal right; notes permitted. Employer may supervise and protect the file from loss, damage, or alteration; no statutory copying-fee rule (§ 1323) |
Bureau may order an opportunity to place a counterstatement in the file, but cannot investigate the alleged error; other correction relief follows available civil or grievance remedies (§ 1324) |
Terminated former employees excluded unless laid off with reemployment rights; ordinarily 1 inspection/year each by employee and agent. Bureau enforces by petition, hearing, and access/counterstatement order (§§ 1321, 1323-1324) |
| Rhode Island verified 2026-07-12 | R.I. Gen. Laws §§ 28-6.4-1 to -2; written-request inspection, seven-day excluded-day notice, three-per-year cap, and fine up to $100 |
Current employees; access subsection does not expressly include former employees or representatives (R.I. Gen. Laws § 28-6.4-1(a)(1)) |
Personnel files used or previously used to determine qualifications for employment, promotion, additional compensation, termination, or disciplinary action (§ 28-6.4-1(a)(1)) |
Possible-criminal-offense investigations; civil, criminal, or grievance proceeding records; references; recommendations; employer-only managerial records; prior-employer confidential reports; managerial planning records (§ 28-6.4-1(a)(4)) |
Employee's written request with at least seven days' advance notice, excluding holidays, Saturdays, and Sundays; no statutory representative or ID-verification procedure (§ 28-6.4-1(a)(1)) |
Inspection after required notice, at a reasonable time outside employee's work hours, on business premises at immediate place of inspection, with employer or designee present (§ 28-6.4-1(a)(1)-(2)) |
Employee may not personally copy or remove file; statute permits employer to charge a fee reasonably related to supplying requested-document copies but does not expressly command employer-supplied copies (§ 28-6.4-1(a)(2)-(3)) |
No personnel-file correction, removal, or employee-rebuttal procedure stated in chapter 28-6.4 |
Former employees not expressly granted inspection; no more than three inspections per calendar year; violation without just cause punishable by fine up to $100 (§§ 28-6.4-1(b), -2) |
| South Carolina verified 2026-07-12 | No general private-sector personnel-file access statute; S.C. Code § 41-15-100 narrowly covers the employee's toxic-exposure records |
No general current- or former-employee requester class for private personnel files; employees/former employees may access their own toxic-exposure records under § 41-15-100 |
No general HR-file category; § 41-15-100 reaches records indicating the employee's own exposure to toxic materials or harmful physical agents |
N/A — no general private personnel-file access right from which exclusions or redactions operate |
No general statutory personnel-file request or identity-verification procedure |
No general statutory response deadline or inspection-location rule |
No general statutory personnel-file copy, mailing, or cost rule |
No general statutory correction, deletion, or employee-rebuttal procedure |
No general former-worker personnel-file window, retention duty, or refusal remedy; § 41-15-100 separately includes former employees for toxic-exposure records |
| South Dakota verified 2026-07-12 | No general private personnel-file access statute in SDCL title 60; state-employee-only inspection under SDCL § 3-6C-24 |
No general private requester class; narrow public rule covers the state employee to whom Bureau of Human Resources records pertain (§ 3-6C-24) |
No general private coverage; public rule covers records required or maintained by the bureau, including performance appraisals, that pertain to the employee (§ 3-6C-24) |
No general private access scheme or exclusion/redaction list; § 3-6C-24 does not state an itemized exclusion list for its public-employee inspection |
No general private request procedure; § 3-6C-24 states no writing, representative, or identity-verification formality for public-employee inspection |
No general private deadline or location; public-employee records are open to the employee during normal business hours (§ 3-6C-24) |
No general private copy right or fee rule; § 3-6C-24 grants public-employee inspection but does not expressly require copies |
No general private correction or rebuttal procedure; none stated in § 3-6C-24 for the public records it makes inspectable |
No general former-worker right, retention rule, request cap, or personnel-file refusal remedy |
| Tennessee verified 2026-07-12 | No general private-employer personnel-file access requirement; official state labor guidance says Tennessee law does not require a copy |
No general statutory right for a current employee, former employee, or representative of an ordinary private employer |
No generally inspectable private personnel-record category created by Tennessee law |
Not applicable—no general private-file access right; state/public, school, wage, medical, background, and safety records are outside scope |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for ordinary private employers |
No general statutory copy, mailing, electronic-delivery, or fee right for a private personnel file |
No general statutory private personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or private personnel-file-access remedy |
| Texas verified 2026-07-12 | No general Texas statute requiring private-employer personnel-file access; official TWC employer guidance confirms the no-rule result |
No general statutory right for a current employee, former employee, or representative to request a private personnel file |
No generally inspectable private personnel-record category created by Texas law |
Not applicable—no general private-file access right; public-sector and specialized records laws are outside this survey |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or personnel-file-access remedy |
| Utah verified 2026-07-12 | No general private-sector personnel-file access statute; Utah Code §§ 67-18-1 to -5 expressly govern public employees of the state and political subdivisions |
No general current- or former-private-employee requester class; § 67-18-2 limits the express chapter to persons employed by the state or a political subdivision |
No general private HR-file category; the express right to examine and copy one's personnel file is a public-employee right under § 67-18-1 |
N/A — no general private personnel-file access right; public employees' access is separately subject to Utah's Government Records Access and Management Act (§ 67-18-5) |
No general private-sector statutory personnel-file request or identity-verification procedure |
No general private-sector statutory response deadline or inspection-location rule |
No general private-sector statutory personnel-file copy, mailing, or cost rule; public employees separately may inspect/copy after written request and pay copying cost (§§ 67-18-3 to -4) |
No general private-sector statutory personnel-file correction, deletion, or employee-rebuttal procedure |
No general private former-worker personnel-file window, retention duty, or refusal remedy; chapter 18 does not expand its public-employee definition to former employees |
| Vermont verified 2026-07-12 | No general private personnel-file access statute in 21 V.S.A.; 12 V.S.A. § 1691a regulates civil discovery but does not itself create access |
No general statutory requester class for private file access; discovery rule covers notice rights of current or former employees whose records are sought (§ 1691a(b)(2), (c)) |
No general access coverage; discovery-only definition includes job description, compensation, benefits, hiring, evaluation, work habits, promotion, discipline, required employment records, health, and finances (§ 1691a(b)(4)) |
No general access exclusion list; discovery court may limit production through protective order (§ 1691a(h)) |
No general private personnel-file request or identity-verification procedure |
No general private response deadline or inspection location |
No general private copy right or fee rule; § 1691a(j) says the discovery procedure does not limit an access right existing pursuant to other law, but does not grant one |
No general private personnel-file correction or rebuttal procedure |
No general former-worker access window, retention duty tied to access, request cap, or personnel-file refusal remedy |
| Virginia verified 2026-07-12 | Va. Code § 8.01-413.1(B)-(E)—copy right for four employment-record categories, not the full personnel file |
Current or former employee, or the employee's attorney; no general nonattorney representative right stated (§ 8.01-413.1(B)) |
Records reflecting employment dates, wages/salary, job description/title, and workplace injuries (§ 8.01-413.1(B)) |
Evaluations, discipline, grievances, training, references, and other file material not among the four categories; safety-risk records go to attorney/insurer instead (§ 8.01-413.1(E)) |
Written request from employee, former employee, or attorney; no notarization, certified mail, employer form, or ID-copy requirement stated (§ 8.01-413.1(B)) |
Copies within 30 days; if unable, written reason permits ≤30 additional days. No inspection-location rule (§ 8.01-413.1(B)) |
Employer must furnish copies; reasonable per-page fee for paper or reasonable fee for electronic records (§ 8.01-413.1(B)) |
No statutory correction, amendment, expungement, or employee-rebuttal procedure for these records |
Former employees covered with no stated cutoff. Subpoena after noncompliance; specified willful refusal/overcharge may yield expenses, costs, and attorney fees (§ 8.01-413.1(C)-(D)) |
| Washington verified 2026-07-12 | RCW 49.12.240-.261, substantially revised by 2025 Wash. Laws ch. 273 (effective July 27, 2025) |
Employee, former employee separated within 3 years, or either person's designee; current employee has annual inspection/review rights (RCW 49.12.240-.250) |
If created: all job applications, performance evaluations, nonactive/closed discipline, leave/accommodation, payroll, and employment agreements (RCW 49.12.240(2)) |
Possible-crime investigations; privileged impending-litigation preparation; active/open discipline omitted from statutory list; privacy nondisclosure laws preserved (RCW 49.12.240(3), .260) |
File-copy request need not be written; former-worker discharge statement does. No notarization, certified mail, form, or ID-copy rule stated (RCW 49.12.250(1); L&I Policy ES.C.7) |
Free copy within 21 calendar days; current employee may inspect at least annually within same period. No private-employer inspection location stated (RCW 49.12.240(1), .250(1)) |
Complete personnel-file copy within 21 calendar days at no cost; public employers instead follow Public Records Act procedures (RCW 49.12.250(1)-(2)) |
Annual employee review petition; employer removes information it finds irrelevant/erroneous; unresolved rebuttal/correction statement placed in file. Former right ≤2 years (RCW 49.12.250(3)) |
Copy requester must have separated within 3 years; rebuttal ≤2 years. After notice of intent and 5 days, superior-court action may yield equitable relief, $250-$1,000 timed damages, fees, costs (RCW 49.12.250(4), .261) |
| West Virginia verified 2026-07-13 | No general West Virginia private-employer personnel-file access statute; W. Va. Code ch. 21 (Labor) creates no such right |
No general statutory right for a current employee, former employee, or representative to request a private personnel file |
No generally inspectable private personnel-record category created by West Virginia law |
Not applicable — no general private-file access right; the nearest labor-code neighbor, the social-media privacy article (ch. 21, art. 5H), governs account credentials, not file access |
No statutory method or identity/authorization procedure for a general private personnel-file request |
No statutory response deadline or inspection-location rule for private employers |
No general statutory copy, mailing, or fee right for a private personnel file |
No general statutory personnel-file correction or employee-rebuttal procedure |
No general former-worker access window, retention duty tied to access, or personnel-file-access remedy |
| Wisconsin verified 2026-07-12 | Wis. Stat. § 103.13; current and former employee inspection, copy, and rebuttal rights |
Current and former employees; a written-designated union, bargaining-unit, or other representative may inspect records bearing on a current grievance (§ 103.13(1), (3)) |
Personnel documents used to decide qualifications for employment, promotion, transfer, additional compensation, termination, or other discipline; employee may request all or part (§ 103.13(2)) |
Criminal-investigation records, test contents beyond cumulative scores, staff-management planning, third-party private information, and records relevant to another pending discoverable claim; medical records follow a separate rule (§ 103.13(5)-(6)) |
Employer may require the employee's request in writing; representative designation for a current grievance must be written. Statute states no separate ID or notarization requirement (§ 103.13(2)-(3)) |
Inspection opportunity within 7 working days; reasonably near the place of employment during normal hours, or another reasonable/convenient time or place if needed (§ 103.13(2)) |
Inspection includes the right to copy or receive a copy; reasonable fee capped at actual reproduction cost (§ 103.13(7)) |
Correction/removal may be mutually agreed; if not, employee may submit a written statement that must attach to the disputed record and accompany later third-party releases (§ 103.13(4)) |
Former employees are included with no stated post-termination cutoff; employer must grant at least 2 requests/calendar year. Fine $10-$100 per violation, each refusal day separate; § 111.322(2m) applies to retaliation (§ 103.13(1)-(2), (7m)-(8)) |
| Wyoming verified 2026-07-12 | No general private-sector personnel-file access statute in W.S. Title 27; W.S. 27-1-113 governs employer reference disclosures, not employee file access |
No general statutory requester class for current or former private employees or their representatives |
No general inspectable private HR-file category; § 27-1-113 separately concerns job-performance information disclosed by an employer about a former employee |
N/A — no general private personnel-file access right or statutory exclusion/redaction list |
No general private-sector statutory personnel-file request or identity-verification procedure |
No general private-sector statutory response deadline or inspection-location rule |
No general private-sector statutory copy, mailing, or cost rule |
No general private-sector correction, deletion, or attached employee-rebuttal procedure; § 27-1-113(b) instead describes how a claimant may rebut an employer's good-faith presumption in a disclosure dispute |
No general former-worker access window, retention duty tied to access, request cap, or personnel-file refusal remedy |
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