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In California, employees have a legal right to review and copy their personnel files. Employees and employers have a stake in fair workplace practices. Human resources professionals and managers should view employee requests to review their personnel files as a chance to fulfill the promise of their open door policies.
An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
In many states, employees have the right to view, or request a copy of, their personnel files. Your employer is required by law to document certain information about you, including your wages and hours, workplace injuries and illnesses, and tax withholding, as well as records of accrued vacation and other benefits.
No federal law grants employees the right to inspect their personnel files. However, many states do give employees such rights and spell out the terms under which employees are allowed to inspect those files.
Dear Human Resources Deparment: Please allow this letter to serve as a request for my employment records maintained by Acme Corporation. I am seeking complete copies of the following: My personnel records maintained by Acme Corporation that relate to my performance or to any grievance concerning me.
Act 397 of 1978. AN ACT to permit employees to review personnel records; to provide criteria for the review; to prescribe the information which may be contained in personnel records; and to provide penalties.
An employee records request is a straightforward matter and there is no reason to overcomplicate it.Be Clear about Your Request. A request for records can be uncomfortable to write.Keep the Tone Respectful. Keep your request cordial and professional.Give a Deadline for a Response.Optional: Reference the Law.17-Aug-2020
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.
Request Letter FormatThe full legal name of the person to whom the letter is sent.Address of the person, official address.All the necessary details of the person.Salutation can be formal and respectful.The body of the letter should address the purpose of the letter as clearly as possible.
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.