Legal Question in Employment Law in California
Rights to employee file?
Do I have the right to have a hard copy of my employee personnel file? I am a former employee trying to prepare for arbitration to regain my job. My former employer has placed restrictions; visual inspection only, no notes until after review and with a company manager present at all times while reviewing. Do I not have the right to request a complete copy of my own file? Thank you.
1 Answer from Attorneys
Re: Rights to employee file?
Labor Code section 1198.5 requires an employer to permit an employee to inspect the personnel records of the employee. Labor Code section 432 requires an employer to provide a copy of any signed document to an employee. Read together these sections require your employer to permit you to inspect your personnel file and have a copy of any document you have previously signed. Absent a properly issued subpena you are not entitled to a copy of everything in your personnel file.
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