Employees in California can request access to personnel records under Labor Code 1198.5, with employers required to respond within 30 days. Some documents require written requests; payroll records may be requested verbally and must be provided sooner.
By Brad Nakase, Attorney
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You have the right to ask your employer for a copy of your employee files under California Labor Code 1198.5, and the business has 30 days to comply. With the exception of payroll records, which may be obtained via a verbal request, all requests must be made in writing.
The processes you and your employer must adhere to when handling personnel records are outlined in California Labor Code 1198.5. These procedures usually include the following information:
It is possible to seek payroll documents from the employer verbally. If not, the employer must be notified in writing of any further requests for records. Writing, “I ask for a copy of my staff file,” should be sufficient; however, you should consult your staff manual for any standard processes you should adhere to.
Regardless of whether you’re a former or present worker (or a staff member’s representative), you have the right to seek your documents. Some workplaces let you request records using pre-printed forms.
The employer has to reply to your request for your records within a stipulated time.
The California Labor Commissioner will fine employers $750 if they do not provide your documents in a timely manner.
1. Are my records retained indefinitely by employers?
Employers in California are obligated to retain your personnel files for three years following your termination.
2. How frequently can I get my records?
Employers are only required to reply to one request each year, but you are free to make them as frequently as you choose.
3. What does a personnel record not include?
Not covered by Labor Code 1198.5 are:
Additionally, if you sue an employer for a personnel concern, the business is no longer required to answer records requests.
4. What if there are errors in my personnel records?
See a California labor law lawyer for advice on what to do if your employer refuses to fix any mistakes in your records. A strongly written letter requesting the revisions can be written by your lawyer. In certain situations, if your employer doesn’t comply, you might have a case.
5. What happens if I don’t get my records from my employer?
Within 3 years of the company refusing to provide you with your records, you have the right to file a complaint with the California Labor Commissioner. That hearing conducted by the Labor Commissioner may compel your employer to comply with Labor Code 1198.5.
An injunctive relief could also be a solution to the problem, whereby the court instructs the employer to create the records. Nevertheless, it is advisable to talk to a lawyer first in order to spell out the available legal options.
6. What happens if a labor contract applies to me?
As long as the agreement contains clauses allowing for the inspection of your personnel records, California Labor Code 1198.5 does not apply.
7. What distinguishes Labor Code 432 LC?
According to California Labor Code 432 LC, employers must give you any documentation you signed while applying for or maintaining a job upon written request. This law is applicable to job seekers as well as current and former employees.
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