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Do I as an employer have an obligation to submit employee

Customer Question
records to the employee after...
Do I as an employer have an obligation to submit employee records to the employee after they have terminated their employment voluntarily?
Submitted: 1 year ago.Category: Employment Law
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9/16/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,390
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Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

What sort of records are we talking about? Has the employee made a request?

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Customer reply replied 1 year ago
asked for employment agreement
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Thank you.

Labor Code 1198.5 requires employers to produce upon request an employee's "personnel file," which the law defines as any documents "relating to the employee’s performance or to any grievance concerning the employee." Most likely an employee's employment contract would be considered a document "relating to the employee's performance" because it is the document that defines the employee's performance expectations and, thus, forms the foundation for any evaluation of their performance. So, it would typically be wise to produce the document rather than risk fine and sanctions from the Labor Commission for failing to comply with Labor Code 1198.5.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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