An employee may need access to his or her personnel records for a variety of reasons. Perhaps you’d like to track your progress over time, or you’re concerned about a vengeful boss slamming you in your file. Reviewing your file from time to time, for whatever reason, may be a good idea. Employees have the right access these data under California law, according to a qualified employment law expert.
What has a right to see their records?
Current and former workers in California have the right to see their personnel records, as well as any files that reflect their performance and paperwork linked to any associated grievances, according to state law. Employers have 30 days from the time employees seek a copy of their files to comply and give a complete copy. Employees just have to pay for the cost of recreating the files.
How to request access to your employee file
Employees can either submit a written request (by mail, email, or other written form) or use a form given by the company to submit a written request. The employer must offer access to the records within 30 days, as stated above. The employer, on the other hand, is not required to offer time for an employee to review his or her records throughout the workday.]
A number of documents should be included in the employee file
When an employer makes these personnel records available to employees, a number of documents must be provided. Payroll records, production records, attendance documentation, records of training or education, official warnings, discipline and/or termination, performance ratings and reviews, notices related to vacations or time off from work, explanations of incentive plans, documentation of hazardous material exposure, and others.
Not all records, however, must be included. Certain papers, such as letters of reference, information collected prior to employing an employee, documents created by individuals or committees who would be clearly recognizable, and records linked to criminal investigations, might be excluded by employers.
Employee files are not kept forever
Employers are obligated to keep employee personnel records for three years after an employee leaves the firm, as any experienced employment law expert may explain. Employers must make personnel records available for examination and copying upon request at any time during employment and throughout the whole three-year term. At least once a year, employees have the right to submit these demands.
An employer can reply to a request for information by mail or at a location other than the workplace if an employee was fired because he or she committed a crime or otherwise did anything wrong. Simply said, this site must be within a reasonable distance of the former employee’s residence.
Having access to your personnel records is crucial, especially if you think you have been discriminated against at work. Knowing that you have received positive performance reports but have yet to be promoted might indicate that there are other variables at play. An expert employment law attorney can assist you if your employer refuses to cooperate with your request to examine and copy your personnel records, or if you feel your personnel records may constitute proof of workplace discrimination. To book a consultation call (800) 435-7542. Our hardworking legal team will do all necessary to assist you get the best possible result in your case.