Legal Question in Employment Law in California
file on employee
As part of an employee's legal right, can an employee view the file kept on him/her by human resources and supervisor(s)?
2 Answers from Attorneys
Re: file on employee
I am not completely clear on the circumstances in which you speak of, however, a supervisor may be in a position to review the HR file. However, most documents in the HR file should be kept private. Each situation is different and without facts I could not advise more clearly. Sorry.
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Sincerely, Beth Mora
Re: file on employee
Yes, an employee is entitled to demand review of their actual file and to request copies thereof. Such rights also extend to information, if any, kept outside of personnel files, such as supervisor's daily records, diaries, etc. Your employer must give you access to your file(s) upon request.
Rules for state employees, state agencies and public schools are different from this general rule. If you feel you may fall into one of these exceptions, request a consulation with a local attorney experienced in wage and hour laws through your County's Bar Association.
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