Question: A former employee recently asked to see his personnel file and his payroll records. Do I have to comply with the request?

Answer: Former and current employees have the right to inspect and receive a copy of their personnel file and a copy of their payroll records upon request. Employers who are presented with such a request need to comply within a timely manner to avoid statutory penalties.

Personnel files: The California Labor Code provides that current and former employees have the right to inspect and receive a copy of their personnel file, defined as documents relating to the employee’s job performance, any grievance concerning the employee, and any document the employee signed relating to their employment

Employers often find it confusing as to which documents are required to be copied or produced for inspection. Employers are not required to copy or allow employees to inspect the following documents: letters of reference; documents relating to the investigation of a possible criminal offense; and ratings, reports, or records that were (1) obtained before the employee’s employment; (2) prepared by identifiable examination committee members; and (3) obtained in connection with a promotional examination. The California Department of Industrial Relations (“DIR”) has provided some guidance concerning the categories of records that employees are entitled to see as part of a personnel file request, including:

• Employment application
• Payroll authorization forms
• ...

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