You Have A Right To See Your Personnel File
Do you know what information your employer is keeping on file about you? You do not have to wonder or guess. Employees have a right to view what type of information and records their employer is storing about them.
Your personnel file at work may include several types of information, all of which you are entitled to make copies of for your own records. In addition to your employment contract and records of your wages, your performance evaluations may be part of your file. You may request to see those documents. Also, your file may contain written reports or notes of verbal complaints by your supervisor or the business’s clients. You may request to view them and make copies of them for your own records.
It is important to obtain copies of these documents if you have been denied proper wages and overtime pay, experiencing discrimination, have been wrongfully terminated or believe you are being treated illegally. More importantly, if you have experienced any of the above, the sooner you contact an employment law attorney, the better for your case.
What Do California Laws Say About An Employee’s Personnel File?
California’s labor statutes protect workers’ rights to access any information their employer has about them on file.
- The California Labor Code § 1198.5: This law states that “every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.”
- The California Payroll Records: This labor code requires that an employer provide a current or former employee and an opportunity to copy all payroll records within 21 days of an oral or written request. It may provide a copy at actual cost.
Call Anticouni & Ricotta Today For Your Free Phone Consultation
Protect your rights as an employee. Our firm can help you get the records you need to support your claim. Call 805-699-5968 for a free, confidential consultation to discuss your employment records with a knowledgeable lawyer. We will help you understand the process for requesting records. We can also provide sample language for making such a request on your own.