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You must make your request in writing. Note, however, that a written request is not necessary when you seek certain payroll records. An oral request in these cases is sufficient. State laws say that employers must respond to record requests within 30 days after the date it receives the request.
Under the pre-CCPA privacy laws, employment records are deemed confidential in California and disclosure is restricted absent a subpoena and notice.
How to use a subpoena Take a blank subpoena to court. Take a blank Deposition Subpoena for Production of Business Records (form SUBP-010) to your court clerk's office. ... Fill out your subpoena. ... Make copies. ... Deliver the subpoena. ... Fill out the Proof of Service. ... Keep the original subpoena.
On the subpoena form, write in the full and correct name of the other party or witness. If you use the Civil Subpoena (Duces Tecum) (Form SUBP-002) make sure you describe exactly what papers they must to bring to the hearing (or trial). 3. Make copies of your issued Subpoena.
Dear (Name of Employer/Manager/HR): As per Cal. Labor Code Sections 1198.5, 226(b) and 432, please forward a copy of my personnel file, including any and all documents I signed which are in your possession and all my payroll records, within 21 business days of this request, as required by law. Thank you.