Personnel Files Inspection Act
43 Pa.C.S. §§ 1321, et seq.
There is an obscure yet important law in Pennsylvania that all employees should be aware of. The Personnel Files Inspection Act, 43 Pa.C.S. §1322, requires employers to provide employees with access to their "personnel file," for periodic review of its contents. The employer need not allow the employee to copy the contents of the file (it's the property of the employer); and an employer may put reasonable time, place and advance notice conditions on the review.
Yet an employee's periodic review of the contents of his/her personnel file is a wise investment of time, particularly in today's economy of job changes occurring more frequently than ever before. It is important to know the content of the file, so that information provided by the former employer (with appropriate caution) to a prospective employer, won't come as a surprise during an interview, for example.
The Act also allows an employee to designate another person, in writing, to inspect the employee's file on his/her behalf. This provision is important when an employee hires legal counsel to address a work situation, so that counsel is able to review the client's personnel file to address the issue at hand, as long as the employee is still employed by that employer. In order to be protected by the Act, a person must be "currently employed, laid off with reemployment rights, or leave of absence." Regular review of an employee's personnel file, by agent or in person, is therefore recommended, to avoid the inability to do so, should employment end abruptly and/or without advance notice.