Updated April 2025
What Pennsylvania Law Says About Reviewing Personnel Files
In Pennsylvania, only current employees have the legal right to inspect their personnel files. This rule stems from a clear-cut decision by the Pennsylvania Supreme Court in Thomas Jefferson University Hospitals, Inc. v. Pennsylvania Department of Labor and Industry, 162 A.3d 384 (Pa. 2017). The ruling resolved long-standing uncertainty by affirming that the Personnel Files Act applies solely to individuals who remain actively employed at the time of their request.
Who This Affects
This rule applies to all private-sector employers in Pennsylvania. Whether you run a small family business in Norristown or manage HR for a large healthcare organization in Philadelphia, your company must comply. For employees, this means that once your employment ends—whether by resignation, layoff, or termination—you lose your legal right to access your personnel file under the Act.
Key Facts: Pennsylvania Personnel Files Act
- Who can review a file?
Only current employees, those on leave, or those laid off with rights to reinstatement. - What’s included in a “personnel file”?
Any document used to determine qualifications for employment, promotion, compensation, discipline, or termination. - Who enforces the law?
The Pennsylvania Department of Labor & Industry (L&I) handles enforcement. - When can employees inspect their files?
Once per calendar year upon written request, during regular business hours, at the worksite or mutually agreed location.
How the Law Has Evolved
For nearly 20 years, ambiguity surrounded this law because of a 1996 ruling in Beitman v. Department of Labor and Industry, 675 A.2d 1300 (Pa. Cmwlth. 1996). In that case, the court denied a terminated employee’s request to view her file two years after dismissal. However, it left open a gray area—suggesting that recently terminated employees might access files within a “reasonable time” after separation. That vague suggestion wasn’t binding law, but it led to confusion among employers, employees, and regulators.
To address the uncertainty, the Department of Labor & Industry informally adopted a 30-day window post-termination during which file access might still be allowed. But when a former hospital employee in Philadelphia attempted to view her file one week after termination in 2013, the issue finally reached the state’s highest court.
The Pennsylvania Supreme Court reversed lower court rulings and clarified the law: “Employee” means someone currently employed—no exceptions, no grace period.
Why This Matters for Employers and Employees
For Employers:
- Deny file access requests from former employees—regardless of how recently employment ended.
- Update internal policies and train HR staff to respond appropriately.
- Document all personnel file access requests to ensure compliance with state law.
For Employees:
- Act promptly if you want to inspect your personnel file.
If you suspect an upcoming termination or feel your employment may end soon, submit your written request while still employed. - Know your rights don’t extend past your final day—unless you are on leave or subject to recall after a layoff.
Real-World Questions We Hear Often:
- "My employee quit but still has unused vacation time. Can they access their file until PTO runs out?"
No. Once an employee’s active service ends, their right to inspect the file ends—even if they remain on payroll due to accrued leave. - "Do remote workers or hybrid employees still qualify?"
Yes. As long as the worker maintains active employment status, location doesn’t limit their access under the Act. - "Can I email the file instead of meeting in person?"
The law encourages access at the workplace or another agreed-upon location, but email delivery can be appropriate with mutual consent.
Why Choose High Swartz for Employment Law in Pennsylvania?
At High Swartz LLP, we’ve advised Pennsylvania employers and employees on workplace legal issues for decades. From our offices in Norristown, Doylestown, Wayne, and Feasterville, we counsel clients across Montgomery, Bucks, Chester, Delaware, and Philadelphia counties.
Our employment attorneys bring years of hands-on experience navigating state-specific labor laws. We frequently advise:
- HR managers at mid-sized companies
- Nonprofit directors managing staffing transitions
- Business owners facing claims related to file access
This blog post offers general legal information and should not be interpreted as legal advice. For guidance on your specific circumstances, please consult an attorney.
