Legal Question in Employment Law in California
I live in California and was wrongfully terminated. I would like to get a copy of my personell file as the reason for termination was harrasment from an office worker but I dont work in an office, I work from home. I was not given a chance to respond or given any background or details. I want to see my personell file and get a copy. Can I get one and how do I go bout it?
1 Answer from Attorneys
The employer does not have to provide you with a copy of your personnel file, it only has to provide copies of documents you signed, such as employment contracts, performance reviews, write-ups, etc., per California Labor Code section 432. However, you do have a right to see your personnel file, per Labor Code section 1198.5. Send a certified letter asking to arrange a time to see your file. Sometimes they will send you the file rather than have you physically come to the office.