An employment records request refers to your right under California law to ask your past or present employer for your personnel records, which includes your:
You can request your payroll records orally, though you usually must request your full personnel records in writing via:
You can exercise an employment records request at any time for almost any reason. Many requests are made in relation to a claim of wrongdoing by the company, such as
If your employer fails to comply with your records request, you are entitled to a $750 fine.
Our California labor and employment lawyers will highlight the following in this article:
You can exercise an employment records request at any time for almost any reason.
California Labor Code Section 1198.5a is the state law that sets forth your basic rights regarding record requests.
That statute reads:
“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.” 1
You must make your request in writing. 2 Note, however, that a written request is not necessary when you seek certain payroll records: An oral request in these cases is sufficient. 3
State laws say that employers must respond to record requests within 30 calendar days after the date it receives the request. 4 Any requests for payroll records must be provided within 21 days. 5
California’s Labor Code does not specifically define the term “personnel records.” Though your right to request items in a personnel file often includes the right to examine the following:
An employer must redact any confidential information (such as your social security number) in these records prior to an employer’s examination of the record.
State law says that the above rules regarding requests do not apply to:
Also, if you are subject to a collective bargaining agreement, the agreement may lay out its own records request rules that override Labor Code 1198.5.
Employers must maintain a copy of your personnel file for:
You can exercise an employment records request at any time for almost any reason.
However, many requests are made in relation to a (potential) lawsuit or a claim of wrongdoing, including claims of:
Note that if you are a former employee, your former employer does not have to comply with more than once records request per year. 11
You can exercise an employment records request at any time for almost any reason.
There are a few key practical tips that you should consider when drafting a request for employment records.
The “written” request can take the form of:
Your employer may already have a records request form you can fill out in the office or online, so check your employee handbook for details.
The request should be brief (a few short paragraphs) and straightforward. You have a right to make this request. This means it does not have to explain in detail all of the reasons for the records sought. Just a few will suffice.
You have to keep a professional tone in asking for records. Mean or angry language should be excluded.
Further, it is a good idea for you to do the following:
Dear HR Department,
I request copies of my personnel records. Specifically, I request:
I look forward to receiving copies soon at [insert mail or email address]
An employer that fails to comply with a records request under Section 1198.5 is subject to a fine. The fine is:
You can also file an injunction against the employer. An injunction, if successful, compels the employer to comply with the request. If you file for injunctive relief, you can recover:
A business’ violation of LC 1198.5 is an infraction. Note, though, that it is a misdemeanor offense for a business if:
There are no federal laws in the United States that give you a right to look at your personnel files.
Most states, though, give you this right under state statutes.
