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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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An employee of ours was recently terminated and her final date

Resolved Question:

An employee of ours was recently terminated and her final date of employment is on May 18th, 2012. She has requested a copy of her personnel file to be mailed to her. Are we obligated as an employer to provide this to her and does this need to be provided within a specific period of time?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

An employee has the right to copies of his or her payroll records and signed job-related documents. (Labor Code sections 226 and 432) In regard to all other documents within an employee's personnel file, an employer must permit the employee access to such documents but need not provide the employee with copies. (Labor Code 1198.5)

An employer must provide copies of payroll records within 21 calendar days of the employee's request and an employer must provide all signed job-related documents within a "reasonable period of time."

The Conference of California Bar Associations is currently lobbying the state legislature to amend Labor Code section 1198.5 to require employers to provide copies of employees' entire personnel files, but no such bill has yet been proposed or adopted.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Patrick, Esq., Lawyer
Satisfied Customers: 6794
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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