Employee File

Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.

Current and former employees have a right to their personnel records under Labor Code section 1198.5. Under California Labor Code section 1198.5(a) provides that every current and former employee, or their representative, has the right to inspect and receive a copy of their personnel records.

Confidential Files Normally personnel records are kept within a locked file cabinet that only certain people have access to.By setting up such a policy, you will protect the confidentiality of these files, your employee's privacy and also limit the opportunities for false documents to get into the files.

Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.

Although electronic storage of personnel records is permissible under federal employment laws, employers must be mindful of the statutory rules relating to document retention periods and electronic storage systems to avoid legal pitfalls.

Employee files should be stored in a secure location and be kept strictly confidential. Access should be restricted to those with a legitimate need to know or as required by law. Several categories of records must be maintained according to specific requirements.

Take an inventory. First, you will need to take an inventory of what you already have for each employee. Figure out what you are missing and from whom. Hold a meeting. Give each employee a personal list of documents you need from them. Follow up and secure files within one week.

As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.