Legal Question in Employment Law in California

Access to Employee File

I am an employee in a dormitory on a California State University campus. My supervisor has files that she keeps for each of her employees that she does not allow us to see. As she is my supervisor and this is a file that is kept within the business context, is she legally obligated to provide me with access to my employee file, should I ask to see it? I have asked before and she has refused, telling me that it is a ''secret file'' and only for her to see.


Asked on 1/17/05, 12:50 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Access to Employee File

Under California law, employers must allow employees to review their personnel files, that contain information pertaining to their employment, at a reasonable time and place. If you need to cite the law to her, tell her to look up California Labor Code, section 1198.5.

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Answered on 1/17/05, 7:29 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Access to Employee File

You have a right to see your employee file under CA law. Labor Code Section 1198.5 at a reasonable time and place. The law does not require the employer to provide a copy.

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Answered on 1/18/05, 11:55 am


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