Under California Labor Code section 1198.5, current and former employees have the right to inspect and get copies of the personnel records their employer keeps on them, and the employer has 30 calendar days to respond to a written request. Miss that deadline and the employer owes a $750 penalty, recoverable by you or by the Labor Commissioner.1California Legislative Information. California Labor Code 1198.5
What Counts as a Personnel Record
The statute covers records that relate to your job performance or to any grievance involving you. In practice that means your job application, performance reviews, disciplinary write-ups, warnings, and termination paperwork.2Labor Commissioner’s Office. Personnel Files and Records
Some things are carved out. You cannot use section 1198.5 to obtain:
- Records tied to the investigation of a possible criminal offense.
- Letters of reference written about you.
- Ratings, reports, or records prepared by examination committee members, obtained before you were hired, or gathered during a promotional exam.1California Legislative Information. California Labor Code 1198.5
If what you need falls into one of those buckets, discovery in a lawsuit is the usual alternative route.
Who Can Ask, and How Often
Current employees and former employees both have this right. You can also designate someone in writing to make the request for you, which is common when an attorney is handling things.1California Legislative Information. California Labor Code 1198.5
Current employees can inspect at reasonable intervals. Former employees are capped at one request per year, so be thorough when you ask.2Labor Commissioner’s Office. Personnel Files and Records One boundary worth flagging: once you file a lawsuit against your employer over a personnel matter, the 1198.5 inspection right pauses while that case is pending, and you get records through discovery instead.
How to Make the Request
The request has to be in writing. You can draft your own letter or use a form the employer provides, and if the employer has a designated form they must give it to you when you ask your supervisor or the person designated to handle these requests.1California Legislative Information. California Labor Code 1198.5
Be specific. Name the types of records you want and the date range they cover. “All personnel records from January 2022 to present” beats “my file.” Include enough identifying detail (full name, employee ID, dates of employment) that the employer can verify who you are without stalling.
The 30-Day Deadline
The employer has 30 calendar days from receiving your written request to let you inspect the records or provide copies. The two of you can agree in writing to extend that, but not past 35 calendar days total.1California Legislative Information. California Labor Code 1198.5
Where inspection happens depends on your status:
- If you’re a current employee, inspection is at your regular worksite or somewhere you and the employer agree on. You cannot lose pay for travel time to another location, and the employer cannot make you inspect during hours you’re actually working.
- If you’re a former employee, inspection is where the employer keeps the records unless you both agree in writing to a different spot. You can skip the visit and get copies by mail if you reimburse the actual postage.2Labor Commissioner’s Office. Personnel Files and Records
There is a special rule for employees who were terminated for harassment or workplace violence. The employer can satisfy the request by making records available at a location other than the workplace within a reasonable driving distance of the former employee’s home, or by mailing copies.2Labor Commissioner’s Office. Personnel Files and Records
Copy Costs and Record Retention
When the employer provides copies, it can charge you the actual cost of reproduction. That means real per-page copying expense, not an inflated administrative fee. A charge that looks more like a deterrent than a cost is worth pushing back on.
Employers also have to keep personnel records for at least three years after an employee leaves. If your records were destroyed before that three-year mark, the employer has violated the statute regardless of whether anyone requested them.1California Legislative Information. California Labor Code 1198.5
What Happens If the Employer Ignores You
An employer that fails to allow inspection or copying within the required window owes a $750 penalty. You can recover it yourself, or the Labor Commissioner can.1California Legislative Information. California Labor Code 1198.5 You can also sue for injunctive relief, meaning a court order forcing the employer to produce the records, and if you win you can recover court costs and reasonable attorney’s fees.2Labor Commissioner’s Office. Personnel Files and Records
If court is not where you want to be, file a complaint with the Division of Labor Standards Enforcement (DLSE), the enforcement arm of the Labor Commissioner’s office. The DLSE can pursue the $750 penalty for you.
Don’t Wait Too Long
California’s Code of Civil Procedure sets a one-year statute of limitations for actions to recover a statutory penalty, and the $750 under 1198.5 is a statutory penalty.3California Legislative Information. California Code of Civil Procedure 340 The clock likely starts when the employer misses the 30-day deadline (or 35 days if extended in writing). If your employer has stonewalled you, treat the timeline seriously.
Payroll Records Are a Different Statute
Section 1198.5 does not cover wage statements, hours worked, or other payroll records. Those are governed by Labor Code 226, and the timing is tighter: the employer has 21 calendar days to comply, and the request can be verbal or in writing. The actual-cost-of-reproduction rule for copies is the same.4California Legislative Information. California Labor Code 226 If you need both personnel and payroll records, it’s worth spelling out each category in your request so nothing falls through the cracks.