Accessing Personnel Records in California: A Complete Guide to Labor Code 1198.5
Employees in California aren’t left in the dark when it comes to what’s been written about them at work. One legal rule that stands out is California Labor Code 1198.5. This section gives employees the right to view and request copies of their own personnel records. Whether someone is still working or has already moved on, this law allows access to documents that could affect job opportunities or support legal claims. California Business Lawyer & Corporate Lawyer Inc. provides in-depth legal guidance to employers and employees navigating their responsibilities under California Labor Code 1198.5.
Knowing what’s in your file can make a difference. If someone’s been disciplined, let go, or denied a promotion, the information in these records can help make sense of what happened. Nakase Law Firm Inc. has also represented clients in disputes that intersect with Labor Code Section 203, particularly when final pay or wage records are in contention.
What This Labor Code Section Covers
California Labor Code 1198.5 gives employees the legal ability to view and get copies of records related to their work performance or internal complaints. These might include reviews, disciplinary letters, or documents used to make decisions about hiring, firing, or promotions.
The right to request records applies to current employees, former employees, and approved representatives, such as legal agents. The law isn’t just a suggestion—employers are expected to follow it and provide access when asked.
Who Can Ask for Records
There are three main groups allowed to request personnel files:
- Employees still working at the company
- Former employees (for up to three years after they leave)
- Authorized representatives acting on behalf of either group
Employers are allowed to ask for the request in writing. They can also confirm the identity of the person making the request before sharing any documents.
What Types of Documents Are Included
The types of records you can access under this law are those that have been used to make decisions about your job. Some examples are:
- Job applications and resumes
- Offer letters and employment agreements
- Reviews and evaluations
- Warnings and other written notices
- Records related to promotions or demotions
- Notices of termination
- Attendance records tied to performance issues
Some records are off-limits. Employers don’t have to provide documents created during investigations into possible crimes, reference letters, or anything protected by legal confidentiality rules. Also, personal notes or informal documents not tied to decisions about the employee’s role may be excluded.
How to Make a Request
To access personnel records, employees or their representatives need to submit a written request. They should explain whether they want to inspect the files or get copies. Employers have 30 calendar days to respond.
If an employer needs extra time, they can ask for up to five more days as long as they explain the reason in writing.
If the employee chooses to review the documents in person, the employer must make them available during normal working hours either at the job site or another place both sides agree on. Former employees or those who can’t make it to the location can usually ask for electronic or mailed copies instead.
Costs and Copying Rules
Employees can review their records for free. If they want copies, the employer may charge the actual cost of copying and mailing, but only if those costs are reasonable.
Employers cannot require employees to use paid leave or clock out to see their own records. If someone prefers to review the documents outside of work hours, that’s their choice, but it can’t be forced.
What Employers Are Expected to Do
Employers need to store personnel files properly and respond to record requests within the time allowed. Failing to do so could result in:
- A $750 penalty per violation
- Court action requiring them to hand over the records
- Payment of the employee’s legal fees if they win the case
Employers should have a clear process for handling requests. Keeping files organized and making sure someone in HR handles these matters can help avoid problems later on.
Consequences for Not Following the Law
If an employer ignores or refuses a proper request, it’s not just a small issue. There can be fines and court orders involved. A judge may:
- Order the employer to give the records to the employee
- Impose a $750 fine
- Make the employer cover the worker’s legal costs
Delays or outright refusals may also affect related claims such as unpaid wages or wrongful dismissal. Denying someone access to records that directly relate to those claims can raise more questions and lead to legal complications.
Connections to Other Labor Laws
Personnel record requests often tie into other employment rules. Labor Code Section 226, for example, requires itemized wage statements. If a worker thinks they’ve been paid incorrectly or not paid at all, both Section 226 and 1198.5 could apply.
Another one is Labor Code Section 203. This comes into play when someone leaves a job and doesn’t get their final pay on time. Personnel records can help show whether the employer acted properly—or not.
Since these sections may come up together in a complaint or legal filing, having easy access to your records makes it easier to prove what really happened.
How Employers Can Stay Ready
For employers, the best plan is to be prepared. That means:
- Keeping records well organized
- Responding to requests without delay
- Outlining a clear process for employees to follow
- Using reliable software to store documents securely
- Training HR staff to handle these requests correctly
Avoiding issues is often as simple as being consistent and reasonable in how records are managed and how requests are handled.
Why It Matters for Employees
Employees benefit from knowing what’s in their file. If they’ve been written up unfairly, denied a promotion, or terminated for reasons that don’t seem valid, the records might help confirm—or correct—the employer’s version of events.
Seeing what’s in the file helps people decide what to do next. In some cases, it clears up confusion. In others, it provides evidence needed for a claim or lawsuit.
When Legal Help Might Be Needed
Some situations can be handled on your own. But when there’s tension between you and your employer, or when a request is denied, getting legal guidance can help. A lawyer can:
- Send a formal request on your behalf
- Review the records to check for errors
- Help you respond to false or misleading entries
- Use the records as part of a case if legal action becomes necessary
Whether you’re still working or have already moved on, legal support can keep things from escalating or falling through the cracks.
Final Thoughts
California Labor Code 1198.5 gives employees the ability to see what their employer has written about their work. For employees, this can make all the difference when faced with a problem on the job or after leaving it. For employers, taking these requests seriously can help prevent avoidable issues. Knowing how this law works—and how it fits into the broader system of employment rules—makes it easier to handle workplace matters fairly and responsibly.
