To request your personnel file in California, send your employer a written request under Labor Code Section 1198.5. They have 30 calendar days to either let you inspect the records or give you copies, and a refusal exposes them to a $750 penalty plus attorney’s fees if you sue. Both current and former employees have this right, and you can name a representative in writing (an attorney or union rep, for example) to make the request for you.
Write the Request and Send It With Proof
The request has to be in writing. If your employer keeps a designated form, they must give it to you or your representative when you verbally ask a supervisor for it. Otherwise, a plain letter works.
The statute doesn’t require any particular format, but a few details make the request harder to stall:
- Your full name and dates of employment
- A clear statement that you are requesting your personnel records under Labor Code Section 1198.5
- Whether you want to inspect the records in person, receive copies, or both
- Where to send copies or confirmation, and how to reach you
Send it by certified mail with a return receipt, or hand-deliver it and get a signed acknowledgment. Keep a dated copy. The date the employer receives the request starts their 30-day clock, so you want that date documented.
One frequency limit to know: former employees are entitled to only one request per year. Current employees have no annual cap, but the law expects “reasonable intervals,” so quarterly is fine and weekly is asking for a fight.
The 30-Day Deadline and Where You Inspect
Once the employer receives your written request, they have 30 calendar days to make the records available or provide copies. You can agree in writing to extend that, but not past 35 calendar days from the request date.
Where the inspection happens depends on your status. Current employees inspect at their regular worksite or another location both sides agree on. Former employees inspect where the employer stores the records, unless you both agree in writing to somewhere else. If you’d rather not visit in person, ask for copies by mail; you’ll need to reimburse the employer for actual postage.
When you request copies, the employer can only charge the actual cost of reproduction. That’s a per-page copying charge, not a fee for someone’s time to pull the file.
What You Can Get, and What’s Exempt
Your right covers any personnel record the employer maintains that relates to your job performance or a grievance involving you. In practice, that includes performance evaluations, attendance records, disciplinary write-ups, warning notices, and education or training records.
Several categories are exempt. Employers may withhold:
- Records related to the investigation of a possible criminal offense involving you
- Letters of reference
- Ratings, reports, or records obtained before your employment began
Employers may also redact the names of nonsupervisory employees before handing over records. That’s a “may,” not a “must,” so redaction practices vary from one employer to the next.
Ask for Signed Documents and Payroll Records at the Same Time
Two other statutes cover material people usually want alongside the personnel file. Fold both into the same letter.
Labor Code Section 432 gives you the right to a copy of any document you signed relating to getting or keeping your job: offer letters, handbook acknowledgments, confidentiality agreements, arbitration agreements. It applies to applicants as well as employees. The statute doesn’t set a response deadline, which is why combining the request with your Section 1198.5 letter is the practical move.
Labor Code Section 226 covers payroll records, including itemized wage statements. The deadline here is 21 calendar days, not 30, so track it separately from your personnel file deadline. A Section 226 request can be oral or written, and the employer can charge actual reproduction costs and take reasonable steps to verify your identity.
Medical and Accommodation Records Are Not in the Personnel File
If you’re after medical information, ADA compliance rules require employers to store medical records, accommodation requests, and related documents in a separate confidential file, apart from the standard personnel file. A Section 1198.5 request won’t reach those documents. Make a separate request and direct it to whoever handles ADA compliance at the company.
If Your Employer Ignores or Refuses the Request
A valid request that goes unanswered triggers a $750 penalty, recoverable by you or by the Labor Commissioner. You can also sue for injunctive relief to force compliance and, if you win, recover your attorney’s fees and costs.
For most people, the practical first step is filing a wage claim with the Labor Commissioner’s Office (DLSE). You can file online, by email, or by mail. The office investigates, holds a settlement conference, and if the case doesn’t resolve, a hearing officer takes evidence and issues a decision. You have one year from the date of the violation to file, so move on it rather than letting the deadline slide.
Former Employees: Don’t Wait
Your right to request records only helps if the records still exist. Federal law sets minimum retention floors California employers follow: personnel and employment records for at least one year (one year from the termination date for involuntary terminations), and payroll records for at least three years under both federal law and California Labor Code 226. If you’re a former employee weighing whether to make the request, sooner is safer. Two or three years out, some of what you want may already be gone.