Access To Personnel Records

Not only do employers have a duty to keep certain employee records, they have a duty to give current, former and prospective employees access to their personnel file.

An employee has the right to inspect any records that are used or have been used to determine the his/her qualifications for employment, promotion, additional compensation, termination or other disciplinary action.  (Labor Code § 1198.5)  An employee also is entitled to inspect or copy any of his/her payroll records that are maintained by the employer.

If an employee or applicant signs any document relating to obtaining or holding employment, the employer, if requested, must provide that person a copy of the signed document.  (Labor Code § 432)

If an employee will be exposed to potentially toxic materials or harmful physical agents, the employer must the employee or the employee’s representative(s) access to accurate records of employee exposure.  (Labor Code § 6408(d))

A current or former employer must produce employment records in response to a subpoena served by a third party.  If employment records are subpoenaed, the employee must be notified and has the right to object to production of the records.  (Code of Civil Procedure § 1985.6)

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