Know Your Rights: Obtaining Your Personnel File as an Employee in California

In California, employees have the right to obtain their personnel file from their current or former employer. This right is granted under California Labor Code section 1198.5.

Under this law, employees have the right to inspect and receive a copy of their personnel records that are maintained by their employer. Personnel records are defined as records that relate to the employee’s performance or any grievance concerning the employee.

This can include things like employment contracts, performance reviews, disciplinary actions, and any other records that relate to the employee’s job performance.

Employees must make a written request to their employer for their personnel records. The employer must then provide the records within 30 days of receiving the request. If the employer refuses to provide the records, the employee can file a complaint with the California Labor Commissioner’s office.

Employers are allowed to charge employees a reasonable fee to cover the cost of copying the records. However, they cannot charge a fee for the employee’s right to inspect the records.

It’s important to note that the right to obtain personnel records only applies to current or former employees, not job applicants. Additionally, employers are not required to maintain personnel records for more than three years after an employee’s termination.

In summary, California employees have the right to obtain their personnel records from their current or former employer under California Labor Code section 1198.5. Employees must make a written request, and the employer must provide the records within 30 days.

Employers can charge a reasonable fee for copying the records, but not for the right to inspect them. The right to obtain personnel records only applies to current or former employees, and employers are only required to maintain personnel records for three years after an employee’s termination.