California Labor Codes 1198.5 and 432 let employees access personnel records and copies of signed employment documents. Deadlines apply, and noncompliance can trigger a $750 penalty, legal fees, or court orders compelling employer compliance.
By Brad Nakase, Attorney
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The privilege you have, according to California Labor Code 1198.5, to ask for your personnel documents from your current or former employer is known as an employment record request. This encompasses your payroll data, performance reviews, and employment applications.
Although you typically need to request your complete personnel records in writing, you may ask for your payroll records directly by using a letter, fax, email, or a form your employer provides for seeking records.
For practically any purpose, you can exercise your request for employment records at any time. Numerous requests are submitted in connection with allegations of misconduct by the business, including discrimination based on age/race, wrongful termination, or breaking a wage & hour statute.
You have the right to a $750 fine if your employer disregards your request for records.
California law outlines your fundamental rights with relation to record requests in Section 1198.5a of the California Labor Code.
That law says:
The company’s personnel records concerning an employee’s work performance or any complaints they may have should be inspected and a copy given to each current & former employee, or their agent.
Your request has to be submitted in writing. However, keep in mind that you can obtain specific payroll records without submitting a written request: In certain situations, a spoken request is adequate.
Employers are required by state law to reply to requests for records within the first thirty days of receiving them. Payroll information must be supplied within twenty-one days of any request.
1. Your Personnel Documents
There is no precise definition of “personnel records” under the California Labor Code. Although you usually have the right to review the following when requesting material from a personnel file:
Any confidential data contained in these records, including your social security number, must be redacted by the employer before the record is examined. (Keep in mind that any medical information ought to be kept apart from employee records in a private file.)
2. Exclusions from the Records Request Regulations
According to state legislation, the following requests are exempt from the aforementioned rules:
A contract of collective bargaining may also provide its own document request guidelines that supersede Labor Code 1198.5 if you are covered by one.
3. How much time does your employer retain your file?
Your employer is required to keep a copy of the personnel file for a minimum of three years following job termination, or an appropriate length of time beyond that.
A professional records request may be exercised for nearly any cause at any time.
But a lot of requests are submitted in connection with a (possible) lawsuit or a misconduct allegation, such as:
It should be noted that if you were once employed by your previous employer, they are not required to cooperate with a single record request annually.
When preparing an employment records request, there are a few important practical considerations to keep in mind.
The “written” request may be sent by fax, email, or letter.
For further information, consult your employee handbook. Your company may already possess a records demand form that you may complete online or in person.
The request must be simple and succinct (a few lines). You are entitled to this request. This implies that it doesn’t make sense to provide a detailed justification for every reason why the records are being sought. Only a handful will do.
When requesting records, you must remain professional. Language that is unpleasant or irate needs to be avoided.
You must also consider doing the following:
According to California Labor Code 1198, it is illegal for an employer to disregard an application for records. You will be paid $750 as a penalty.
A court order against the business is another option. If successful, an injunction forces the employer to abide by the request. You can get the following benefits if you request injunctive relief:
All incurred legal fees, as well as a fair lawyer’s fee.
Employees should know that Labor Code 432 gives them the right to receive copies of all employment agreements they signed. Keep in mind that if your company does not cooperate with your request for any paperwork you signed related to acquiring or holding a job, it is a misdemeanor, which is more significant than an infraction, according to Labor Code 432. These documents include, for example:
Employment contracts, tax withholding documents, direct deposit paperwork, time sheets, policy acknowledgements, non-compete clauses, employee grievances you filed, and/or warnings or performance appraisals.
Labor Code 432 doesn’t provide a deadline for delivering these documents, although it is likely 30 days, which is the same duration as Labor Code 1198.5.14’s documents request deadline. In practice, Labor Code 432 ensures transparency between employee and employer.
Labor Code 432 is a protection for workers. It prevents employers from hiding contracts, acknowledgements, or warnings that could affect rights in a legal dispute.
You are not entitled to view your personnel files under any federal legislation in the United States.
However, this right is granted by state statutes in the majority of states.
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