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Can a terminated employee request a copy of their personnel file?

By Olivia Norman |

Yes. If you are a current or former employee you may request to inspect your employee record or ask that your employer make a copy of those records. The best way to do this is in writing so that you have a clear record of the date you made the request and the specific nature of your request.

Are employers required to provide personnel files?

In many states, employees have the right to view, or request a copy of, their personnel files. Your employer is required by law to document certain information about you, including your wages and hours, workplace injuries and illnesses, and tax withholding, as well as records of accrued vacation and other benefits.

Can I request a personnel file?

Current and former employees have a right to their personnel records under Labor Code section 1198.5. Under California Labor Code section 1198.5(a) provides that every current and former employee, or their representative, has the right to inspect and receive a copy of their personnel records.

Can a former employee request a copy of your personnel file?

An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records. A former employee may receive a copy by mail if he or she reimburses the employer for actual postal expenses.

Can a company compel an employee to produce a personnel file?

State laws related to personnel files apply to all employers, not just large organizations; small businesses also are required to adhere to the state laws. In some cases, a state or federal enforcement agency can compel production of an employee’s personnel file, based on a formal complaint against the company.

How long does an employer have to give an employee a copy of their file?

Copying records: Employer must provide copies within 7 days (current employee) or 10 days (former employee) after ­receiving employee’s written request; request must identify the materials employee wants copied. Employer may charge a fee that is based on the cost of supplying documents.

When does an employer have to provide a copy of a disciplinary document?

Notwithstanding regulations to the contrary, when a disciplinary document is placed in an employee’s personnel file, his/her employer must supply a copy of the documentation to the employee no later than 10 days after its inclusion in the personnel file.