Employment Employee

Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.

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.

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.

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.

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.

Lawyers can also subpoena the contents of the personnel records for lawsuits and the Equal Employment Opportunity Commission (EEOC) complaints. A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members.

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.