If there is an internal investigation of the worker by the employer, the employer may be able to exclude from the worker's personnel file documents related to the internal investigation until and unless the internal investigation produces information that results in the initiation of a disciplinary process. By way of example, if a co-worker makes an allegation that certain actions by the worker constituted sexual harassment and the Human Resource Manager, in performing the internal investigation, determines that even if the allegations were true that they clearly did not constitute sexual harassment, the Human Resource Manager might very well terminate the investigation without ever informing the worker that he had been accused. In that case, should the worker subsequently ask for his personnel file, the employer would have a legally supportable position in not providing the co-worker's report of sexual harassment since no disciplinary action was taken against the worker.
Employers do not have to provide information in the personnel file of a worker who is the subject of an investigation at the time of his request if the disclosure could prejudice law enforcement or the information is related to a government security investigation.