It’s time again for one quick action item you can accomplish to make your business safer than it was yesterday. Today, we are tackling personnel files. Specifically, we are going to address requests by employees—or, more worrisome, the employee’s attorney—to inspect or receive a copy of the personnel file.
Our
Employers need to be aware of the requirements and tight deadlines they have in responding to an employee’s request for various employment documents under California law. This Friday’s Five focuses on five areas of records that are typically requested by applicants, current or former employees, and some common deadlines to comply with those requests.
1.
Happy Friday! This Friday’s Five provides five legal requests and/or notices that, if ignored, can create huge liability for a California employer.
1. Requests for personnel records and time records
There are many different Labor Code provisions that obligate the employer to provide current and former employees with a copy of their personnel files and/or
Employers can receive requests for employment records of current and former employees though 
different ways. It is important for employers to first carefully review the request to understand what is being requested. It is important to understand who is making the request? Is the request only seeking a personnel file? Is the request only seeking
1. Current and former employees have the right to inspect or copy personnel files. 
Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three