Knowing what to expect when you review your personnel file will help you get the most out of it and protect your rights while you're doing it.

How to check your file:

  1. Understand your rights. Find out if your state gives you the right to review your personnel file. Your right to see your file is based on the state you work in, not what state the company headquarters are in. Some states give different rights: the right to review your file, to have copies of documents in your file, or the right to rebut (respond to) information you don’t agree with. It is best to request to review your file in writing, even if your state law does not require it. You will be taken more seriously and if there is a problem, you have proof of your request.
  2. Be polite but confident. Even if you don’t have certain rights in your state, act as if you do. If you don’t have the right to review your file, contact your Human Resources or Personnel Department and ask what you have to do to review your file. When you are reviewing your file, ask for copies of documents or to attach a rebuttal statement to an unfair document even if your state doesn’t give you those rights. The person you ask may not know the law or the company may have a policy that is broader than the state law.
  3. Bring a paper and pen and take notes. If you aren’t allowed to make copies of what is in your personnel file, make notes about each document. If you are ever disputing what was, and was not, in your file, you will have your notes. If anyone tries to stop you, assure them that your right to “review” includes taking notes. Bring post-it notes, so that you can flag any documents you’d like to ask for a copy of, or want to ask about.
  4. Ask how to get information removed or corrected if you disagree with it. If they refuse, write a rebuttal statement and ask for it to be attached to the document you don’t agree with.
  5. If you can't do it yourself, send someone else. Usually, if you have a right to review your files, you can appoint a representative to review your files for you. You should sign a statement that the person is your representative and you are authorizing that person to review your personnel file.

What to expect:

Typically, state laws that give you the right to see your file say that you don’t have to be shown references, private information that relates to another employee, documents concerning a criminal investigation, and tests.

Often, a supervisor or human resource person will be in the room with you while you review your file. Just politely read your file and take whatever time you need. The right to review your file includes enough time -- they can't tell you you just have 10 minutes to look at a thick file.

Documents that you will probably see in your personnel file:

  1. Application for employment
  2. Payroll authorization form
  3. Notices of commendation, warning, discipline, and/or termination
  4. Notices of layoff, leave of absence, and vacation
  5. Notices of wage attachment or garnishment
  6. Education and training notices and records
  7. Performance appraisals/reviews
  8. Attendance records