What You Need to Know About Access to Personnel Files in California
Under California law, employees have the right to inspect and copy certain documents in their personnel files. Here’s everything you need to know about access to personnel files in California.
Effective January 1, 2013, California law provides that current and former employees, or a representative of the employee, have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or any grievance concerning the employee.
Records Employers Must Keep in California
Both federal and California state laws require employers to keep certain records regarding each individual employee. The outline below shows some of the types of records an employer is generally required to keep:
- Name, social security number, and address
- Job description and classification
- Dates of hire and termination
- Payroll records showing hours worked and wages paid
- Records used in administering pension or benefit plans
- Amounts and dates of state and federal income tax withheld from employee’s pay
- Records of every promotion, demotion, transfer, layoff, or training selection decision that affected employee
- Disciplinary and discharge records
- The employer’s log of occupational injuries and illnesses
- Case files on Workers’ Compensation claims
- Medical Records
Related: Health Care Rights for California Employees
In addition to the records, they are legally required to keep, many employers also choose to voluntarily maintain individual personnel files. These files may contain such records as applications for employment, performance reviews, and attendance records.
The Right to Inspect Personnel Files in California
California gives employees and former employees the right to inspect any personnel records relating to their performance or any grievance concerning them. Though California employees have many rights to view documents relating to their employment, there are a few exceptions.
Employers need not provide letters of reference, records of any criminal investigation involving the employee, records that were obtained prior to the employee’s employment, or certain records made by an examination committee or in connection with a promotional exam. Employers may also strike out the names of any non-supervisory employees that appear in personnel file documents.
Employers must keep these records for at least three years after an employee is terminated or otherwise separates from the employer. Employers who fail to comply with an employee’s request to inspect their personnel records are subject to a $750 penalty.
Personnel File Requests in California
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Employees must request an inspection in writing. Although employers are required to provide a form for making this request, employees do not have to use the employer’s form, as long as the request is in writing. Employers must make the records available within a reasonable time, not to exceed 30 days. Employees may also request copies of the records but will have to pay for the cost of copying. The representative of an employee or former employee may also make the request.
FAQs About Access to Personnel Files in California
Does an employer have to let an employee see their personnel file?
Yes. California Labor Code Section 1198.5 allows most private and public employees to see their personnel files. Private sector employees who have resigned, who are on a leave of absence, or who have been terminated or laid off have the same inspection rights as current employees. However, the code does not cover public safety officers, employees of state agencies, or public school employees. Their access to personnel records is governed by a number of other states, federal, and industry-specific laws, most of which grant employees similar inspection rights.
Is an employee allowed to make copies of items in their file?
Yes. An employee is entitled to a copy of any employment-related document that they have signed. An employer must allow the employee to view unsigned documents and take notes about them, but it is not required to provide them with a copy.
What should an employee do if their employer refuses to show them their personnel file?
First, they should inform their employer of their legal right under the Labor Code to see their file. If that is not sufficient, they may file a claim against their employer with the California Department of Industrial Relations, Division of Labor Standards Enforcement (commonly called the “Labor Commissioner”). They may also bring their claim straight to court.
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If you or a loved one would like to learn more about Access to Personnel Files in California, get your free consultation with one of our Employment Attorneys in California today!