A California employee has a statutory right to copies of their personnel file, payroll records, and documents they have signed. Several records fall within these broad categories, including performance reviews, disciplinary notices, and forms signed at the time of hiring. Employees can obtain their employment records by submitting a written request to their employer. However, there are certain exemptions that employees should be aware of. This post provides a comprehensive overview of these rights and practical advice for obtaining these records.
Personnel File (Labor Code § 1198.5)
California Labor Code section 1198.5 provides every current and former employee the right to access or obtain copies of their personnel records relating to their performance or any grievances concerning them. The California Department of Industrial Relations has stated that “personnel records” include employment applications, payroll authorization forms, warnings, disciplinary and termination notices, layoff and leave documents, wage attachments, education and training records, performance reviews, and attendance records. Employers must maintain a copy of employee personnel record for at least three years.
To obtain their personnel file, employees must submit a written request to their employer or the employer’s representative. Typically, an email to human resources, stating “I am writing to request a copy of my personnel file,” is sufficient. However, employers may sometimes provide a specific form for employees to complete when requesting their personnel files. Employees should review their employee handbook for information about who to submit the request to and whether the employee must submit an employer-provided form.
Once the employer receives a written request, they must make the personnel file available to the employee within 30 days. It’s important to note that employers are obligated to comply with only one inspection request per year from former employees. (Labor Code § 1198.5, subd. (d).) Failure to permit timely inspection or provide copies of personnel records can lead to a $750 penalty against the employer. (Labor Code § 1198.5, subd. (k).)
Lastly, it is important to note that Labor Code section 1198.5 does not apply to employees covered by a collective bargaining agreement if the agreement includes, in part, provisions regarding the procedure for inspecting and copying personnel records. Additionally, certain documents are exempt from the requirements of section 1198.5, such as those related to criminal investigations, letters of reference, pre-employment records, specific ratings and reports, employees protected by the Public Officers Procedural Bill of Rights, and employees of agencies subject to the Information Practices Act of 1977.
Payroll Records (Labor Code § 226)
Under California Labor Code section 226, a California employer must allow current and former employees time to inspect or copy their payroll records. An employer who receives an oral or written request by a current or former employee for their payroll records must “comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request.” If an employer fails to comply with a payroll records request, the employee is entitled to recover a $750 penalty. An employee may also bring an action for injunctive relief (where the court orders a person to do or stop doing something) against an employer to ensure compliance with the payroll records request.
Documents Signed (Labor Code § 432)
In addition to personnel file and payroll records, Labor Code section 432 requires California employers, upon written request, to provide an employee or job applicant a copy of any document they signed relating to obtaining or holding employment. Generally, this includes employment applications, employment contracts, tax withholding documents, and direct deposit information. It might also include performance evaluations or warnings signed by the employee, time cards, and complaints submitted by the employee. Although section 432 does not provide a specific time for compliance with the request, many of the documents signed by an employee are likely also considered personnel records. As such, the time for compliance would be 30 days of the written request by the employee.
Conclusion
In conclusion, California employees have the right to access or copy their personnel files, payroll records, and signed documents. Employees can exercise this right by making a written request to their employer. The request should include a simple statement expressing the intention to obtain these records within a reasonable time frame as outlined in the California Labor Code. For more information on your rights, visit my blog page.