If you are concerned about what is contained in your personnel records file, there is a simple way to find out – simply make a request. If you hit roadblocks, a local employment attorney can help.
Personnel Records – Your Right to Know
California law provides the opportunity for employees—whether current or former—to take a look at their personnel records and any files documenting employee performance. Additionally, employees have the right to any documentation related to grievances with which the employee is associated. Copies of these documents must be made available to the employee for the cost of reproduction within 30 days of the request. What does this mean for employers?
For starters, employers must hang onto employee records for at least three years following the conclusion of employment. Then the employer must make said personnel records available for inspection and copying following any such request. These requests must be honored at least once per year upon request.
In the event an employee was terminated due to illegal actions, an employer may comply with a request for records by mail, or at a location other than the workplace, if that location is within a reasonable distance from the former employee’s home. In this case, records associated with a criminal investigation are not required to be included.
Making a Personnel Records Request
Companies may vary in the procedures related to record requests, but either of two methods of request are acceptable according to Labor Code 1198.5:
- Written requests;
- Written requests using a form provided by the employer:
The law requires compliance with any written requests within 30 days of notification to the employer. That request may come from any employee, former employee, or representative of an employee. The employer is not required to provide time during the workday for the inspection.
What Documents are Available?
A number of records must be made available, including:
- Any paperwork signed by the employee at the time of hire;
- Payroll records;
- Explanations of piece rate policies or incentive plans;
- Production records;
- Documentation of exposure to hazardous materials;
- Attendance documentation;
- Records of training or education;
- Official warnings, discipline and/or termination;
- Notices related to garnishment of wages;
- Performance ratings and reviews;
- Notices related to vacations or other time away from work.
What Personnel Records are Not Available for Inspection
A number of items in an employee file are not necessarily available for inspection. Such documents include:
- Letters of recommendation;
- Records acquired prior to hire;
- Documents prepared by persons or committees who would be easily discernable;
- Records related to criminal investigations;
- Records related to promotional testing.