Legal Question in Employment Law in California

employee records

I would like to know if as an employee do I have the

right to view my employee file at any time? Also, being

that our HR department is in Los Angeles and our

department is in Berkeley can I request that a copy be

sent of the documents in yme file?


Asked on 2/28/04, 11:12 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: employee records

You have right to look at your employee file upon reasonable request. Do it in writing and keep a copy of it. They do not have to provide copies, however, upon reasonable request they must allow you to see it under reasonable circumstances. If you ask for a copy, without viewing the entire file yourself, you may not see all that is in the file.

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Answered on 3/02/04, 4:55 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: employee records

California Labor Code Section 1198.5 says, "(a) Every employee has the right to inspect the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee. (b) The employer shall make the contents of those personnel records available to the employee at reasonable intervals and reasonable times."

It goes on further to require that employers keep a copy of each employee's personnel records at the place where the employee reports to work.

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Answered on 3/01/04, 7:17 pm


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