Hawaii File Package

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.

Job application, CV and cover letter. Education and past employment info. Role description. Job offer letter and employment contract. Emergency contact information. Training records. Payroll and benefits information (but not bank details) Performance appraisal forms.

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.

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.

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.

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.

Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents. Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.

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.

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.