Why would someone ask for their personnel file?
Under California law, employers must allow employees to inspect their own personnel records upon request. Yes, California employees have the right to review their personnel files. Employees can request to see their personnel files for any reason, and they do not need to give a specific reason for their request. Employees may make this request orally or in writing. Once an employee makes the request, the employer has 21 days to provide the records.
There are a few reasons why an employee might request their personnel file. One reason could be to review their employment history or to check on the accuracy of the information contained therein. Additionally, an employee might need certain documents from their personnel file for purposes such as applying for a mortgage or other loan. In some cases, an employee may simply be curious about what is contained in their file.
7 Reasons why an employee would ask for their personnel file from the employer
1. Preparing for Legal Action or a Complaint
Employees considering legal action for wrongful termination, discrimination, or harassment may request their personnel file to gather evidence. The file may include important information such as complaint records, supervisor notes, or documentation of incidents that could support their claims.
2. Reviewing Performance Records
Employees may want to examine their performance evaluations, feedback, or ratings recorded in their personnel files. This can be useful for self-assessment, preparing for performance reviews, or understanding areas for improvement.
3. Disputing Disciplinary Actions
If an employee disagrees with a disciplinary action taken against them, they may request their personnel file to review the documentation related to the incident. This allows them to ensure that the record accurately reflects the situation and to gather evidence for disputing any inaccuracies.
4. Understanding Pay and Benefits
Personnel files often contain information about salary adjustments, bonuses, and benefits. An employee might request access to ensure that their compensation history is accurate or to resolve disputes over unpaid wages or benefits.
5. Verifying Employment History
Employees applying for new jobs or seeking professional certifications may need to verify their employment history, roles, or responsibilities. Accessing their personnel file can help confirm these details.
6. Ensuring Accurate Records
Employees may want to verify that their personnel file contains correct and up-to-date information about their address, emergency contacts, and other personal details. Ensuring accurate records can prevent miscommunications or administrative issues.
7. Career Advancement
Some employees review their personnel files to identify skills, accomplishments, or experiences documented by their employer that could support applications for promotions or professional development opportunities.
What is the purpose of employee personnel file?
A personnel file often contains only information provided by the employee (such as contact information) and documents employees have seen in the course of their employment (such as performance evaluations). Sometimes, however, personnel files may contain information that employees have never seen before, such as references from previous employers, comments from customers or clients, notes from coaching or disciplinary meetings, or memos from management regarding an employee’s performance or productivity. When employment conflicts arise, or when an employee is demoted, moved, or dismissed, the personnel file frequently contains critical information regarding the circumstances that led to the problems. An employee personnel file is a collection of employee documents and personnel records that detail the history of the employment relationship from application through termination.
Can an ex-employee ask to see their personnel file?
Yes, California employees have the right to review their personnel files. Under California law, employers must allow employees to inspect their own personnel file. California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records. Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request. Upon a written request from a current or former employee, or a representative, the employer shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the employer receives the request. Former employees typically have the right to see evaluations, performance reviews, and other documents that determine a promotion, bonus, or raise. However, they might not have the right to view letters of reference from former employers, test results, or records of an investigation into criminal conduct or violation of workplace rules.
Are personnel files considered the property of the employer?
Who owns employee records? Personnel files are typically considered the property of the employer, but employees have legal rights to access their own records in many regions. The employee may review all information in the employee’s personnel files that is regularly maintained by the employer as a part of its business. Employers are obligated to provide access or copies upon request, subject to applicable laws. California law does not provide much guidance for what documents must actually be included in the employee’s personnel file. However, the law does specify that the file must include “records that the employer maintains related to the employee’s performance or any grievance concerning the employee.” Therefore, documents such as disciplinary write-ups, records of verbal warnings, reprimands, performance improvement plans, suspensions, performance evaluations, and termination letters must be kept in the employee’s personnel file. Employers may elect to charge the employee for the actual reproduction costs of the personnel file.
Legal Rights to Access Personnel Files
If an employer refuses to allow an employee to inspect their personnel files, the employee can file a complaint with the California Department of Fair Employment and Housing. The Department will investigate the complaint and may take action against the employer. However, we highly suggest you have your claim reviewed by an employment law attorney before you go directly to DFEH. We offer FREE case reviews! In the state of California, every current employee (or their authorized representative) has the right to inspect and receive a copy of his or her personnel record, maintained by their employer. Employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. California also states that an employee, upon request, shall be given a copy of “any signed instrument related to the obtaining or holding of employment.” (Cal. Lab. Code § 432.)
