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. Inspections must not be later than 30 days from the date the employer receives a written request. Upon a written request, the employer needs to provide a copy of the personal records, at a charge not more than the actual cost of reproduction.
To facilitate inspection, employer must do all of the following:
1. Maintain a copy of each employee’s personnel records for no less than 3 years.
2. Make a current/former employee’s personnel records available, and if requested, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester.
However, by law, the right to inspect does NOT apply to: records relating to the investigation of a possible criminal offense, letters of reference, and ratings, reports, or records that were obtained prior to employment or obtained in connection with a promotional examination.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.