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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11864
Experience:  Significant experience in all areas of employment law.
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Do you have to provide payroll records to anyone other than

Resolved Question:

Do you have to provide payroll records to anyone other than the employee that worked for you?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

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."

Only the employee has the right to request such records. Requests made by third parties need not be granted unless those requests are made in the form of a court subpoena in connection with ongoing litigation.

So to clarify, if this former employee's wife requests her own payroll records, an employer in your circumstance must provide the records as described above. However, if the request is coming from anyone other than this woman herself, an employer in your circumstance need not supply the documents unless the request takes the form of a subpoena.

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

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Customer: replied 4 years ago.

Can we be sued for supplying that informtion to a 3rd party?

Expert:  Patrick, Esq. replied 4 years ago.
No, you can't be sued. An employee has no right to privacy with regard to their payroll records. They are company documents, and while the company has no affirmative obligation to provide them to anyone other than the employee, the company remains free to share them with whomever it desires.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.
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