How to Get Your Personnel File in Pennsylvania
Your personnel file contains performance reviews, disciplinary records, hiring documents, and other employment records that may be critical to an employment claim. If you are considering a discrimination, wrongful termination, or retaliation claim, obtaining your personnel file is one of the first evidence-gathering steps your employment lawyer will recommend.
Pennsylvania Law on Personnel File Access
Pennsylvania does not have a broad personnel file access statute like some other states. However, under 43 P.S. § 1321, employees and former employees have the right to inspect their personnel records held by the employer. The right covers documents the employee has signed, performance evaluations that have been shared with the employee, and disciplinary records. Request access in writing and keep a copy of your request.
What Your Personnel File Typically Contains
Employment application and resume, offer letter and employment agreement, W-4 and I-9 forms, performance reviews and evaluations, disciplinary notices and warnings, records of promotions, transfers, and pay changes, training records, FMLA and leave requests, accommodation requests and responses, and termination documentation.
Why Your Personnel File Matters for Your Case
Your personnel file can prove that you had a history of strong performance reviews before being fired for “poor performance” (evidence of pretext), that your employer placed you on a PIP shortly after you filed a complaint (evidence of retaliation), that accommodations were requested and denied (evidence of disability discrimination), that you were passed over for promotions despite superior qualifications (evidence of discrimination), and that the employer’s stated reason for termination contradicts the documented record.
What to Do If Your Employer Refuses Access
If your employer refuses your personnel file request, document the refusal in writing. If you have an attorney, they can obtain the records through a formal discovery request once litigation begins — and the employer’s refusal to provide records voluntarily may be viewed negatively by the court.
New Jersey Employee Access Rights
New Jersey provides broader personnel file access under N.J.A.C. 12:7-1.1. Current and former employees can inspect and copy their personnel records during regular business hours. The employer must make records available within 7 business days of a written request. Former employees retain access rights for at least one year after separation.
The Lacy Employment Law Firm helps employees obtain and use personnel records in employment claims across Philadelphia, Pittsburgh, and New Jersey. Call (215) 515-5924 for a free consultation.
