In many states, legislatures have enacted laws granting employees of private employers access to their personnel records. However, Texas has no such law. Additionally, there is no comparable federal law. Like at-will employment, a right to personnel record access can be agreed to by contract. Furthermore, an employer very likely binds itself to a practice or policy by including procedures that allow employees to access, review, and make copies of their records. But ultimately, private sector employees do not have a right to their own records.

However, if a discrimination complaint or lawsuit is filed, an employee eventually will gain access to his or her records. It's almost a guarantee that the employee records would be tendered to the employee during the discovery phase of litigation.

Additionally, Occupational Health and Safety Act regulations provide that employers have a general obligation to assure that access to employee medical and exposure records is provided to employees in a reasonable time, place, and manner.

If you have questions about your rights in the workplace, please schedule a consultation today. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the Firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.