As of January 1, 2013, California Laws gives present and former employees (or their representatives) the right to inspect personnel files and get a copy of the information from the employer. Such records include data that relates to their performance, or any issue that concerns the employee.

The law (Labor Code Section 1185.5) stipulates that the inspection must be granted at realistic times and intervals within 30 calendar days from the day the company receives a written request. On receipt of the application, the employer has a legal obligation to make a copy of the records available at a cost that does not exceed the actual reproduction cost.

Contents of “Personal Files” 
The law specifies two types of documents that employers have a legal obligation to provide to current and former workers (or sanctioned representative) in personal files:

• Records that relate to the employee’s performance
  • Records that relate to any grievances about the employee

The California Labor Commissioner has elaborated the categories to include aspects such as attendance records, performance reviews, employment application and any other file that determines the worker’s qualification for extra compensation, promotion and disciplinary actions (or even termination).

Penalty For Failing To Comply With The Law 
If an employer declines to permit a current or former authorized representative to copy or inspect personal records within the specified times, or the duration agreed through mutual agreement, the complainant/the Labor Commissioner has the right to recover a penalty of $750 from the company.

The worker may, nonetheless, proceed with legal action for injunctive relief to get compliance, and stands the chance to recover costs as well as attorney fees through the court process.

Verification Of Identity Employee 
The law requires the employer to comply with just one request per year to inspect/ receive a copy of their personal requests per employee. The employer is allowed to mail these as long as the employee reimburses his or her postal expenses.

The employer is required to take the necessary steps to authenticate the identity of the asker of the records of personal files. The company is also free to redact the name of a nonsupervisory employee prior to availing the records.

Exempt Records 
The Right to inspect personnel files doesn’t include the records that relate to the inquiry of possible crime, reports, letters of reference and ratings. Similarly, it does not apply to the records the employer obtained before the employee’s employment, those that were obtained in relation to a promotional exam or prepared by recognizable examination committee members.

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A current or former employee or representative should receive a copy of their records by writing a request to the employer. This should not take more than 3o calendar days and should not cost more than reproduction cost.

Inspection Rules

To make inspection possible, employers should:

(1) Keep an employee’s records for a minimum of three years after termination of working relationship.

(2) Have current records of an employee for inspection purposes and upon request by a representative or the employee, he or she must provide a copy of the records to the employees’ place of work otherwise to a location agreeable to the requester or the employee

(3) Have former employees records available for inspection purposes and provide a copy if requested by an employee or representative where they store records or at an agreeable location by both parties in writing.

Employer Compliance with Personnel Files

An employer is to comply only once a year with a previous employees’ request to receive or inspect a copy of their personnel records. A copy of the records can be availed to the employee by mail if they agree to reimburse actual postage charges incurred by the employer. An employer should not comply with more than 50 requests by previous employees to avail copies of their personnel records in a single calendar month.

The employer may take reasonable measure to ascertain the identity of the employer (current or former) or the representative. Before handing over the records for inspection, the employer can obscure the name of non-supervisory employee(s)

Termination and Personnel Files

In case a former employee was terminated because they violated employment relate policy that involved workplace violence or harassment, the employer can comply with their request to inspect personal records by:

(1) Availing the records to the former employee at a place other than the workplace that is reasonably accessible by driving from the employees’ place of residence.

(2) Mail a copy of the personal records to the employee.

If the employer does not allow a current or former employee or a representative to have a copy or inspect the personnel records within the mutually agreed or specified times, the current or former employee or the labor commissioner can recover $750 from the employer as a penalty.

Rights to inspect personal files do not relate to reports, records, crime investigations, letter of reference and ratings that:

(1) Were obtained before the employee’s employment.

(2) Were obtained I regard to a promotional exam.

(3) Were prepared by examination committee members who can be identified.

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