Employee Rights to Employment File


employee rights

Many employees don’t realize that they can access the records in their personnel file which can be an important source of information and particularly helpful if you think you are being discriminated against and may be facing termination.

As an employee, you have a right to access your personnel file and to receive a copy of most of the documents it contains. Your employer is required to keep a copy of your records and to make these records available to you even if you have resigned, are on a leave of absence, or have been laid off. Your employer must keep these records for at least three years after you leave employment.

If you want to access your file, put the request in writing. The employer has 30 days from the date they receive your request to make your records available. You should receive almost all the file, but exceptions are made for records relating to any internal investigation of a possible criminal offense. The documents that should be made available include the following:

  1. Your qualification for employment, promotion, and raises.
  2. Information leading to disciplinary action, including termination.
  3. Medical documents kept by your employer compiled by a healthcare provider after your request began.

If your employer denies your request, you can contact the Division of Labor Standards Enforcement to file a claim. https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm

Additional information can be found here:

 


THE CONTENT FOUND HERE WAS CURRENT AT THE TIME OF WRITING (January 2021). LAWS AND LEGAL PROCEDURES ARE SUBJECT TO FREQUENT CHANGE AND DIFFERING INTERPRETATIONS. YOU SHOULD SEEK THE COUNSEL OF AN ATTORNEY TO RECEIVE LEGAL ADVICE SPECIFIC TO YOUR SITUATION.


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