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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Do I as an employer have an obligation to submit employee

Customer Question

Do I as an employer have an obligation to submit employee records to the employee after they have terminated their employment voluntarily?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

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

Customer: replied 10 months ago.
asked for employment agreement
Expert:  Patrick, Esq. replied 10 months 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.

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