Employee File

There are eight employee-related HR documents that every personnel file must contain, which includes legal employment records such as payroll tax forms as well as employee-employer agreements.

EEOC Regulations require that employers keep all personnel or employment records for one year. Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years.

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.

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.

In the state of California, every current employee, or his or her representative has the right to inspect and receive a copy of their personnel records, maintained by their employer.

Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.

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.

While there is no federal law governing personnel files, many states have passed laws granting employees the right to view or copy at least some of the contents of their personnel records.