Access to Employee Information
While employers are the ultimate owners of most things relating to their business, some information must be shared with their employees, for example, the employee’s personnel file.
Employees have the right to inspect their personnel files relating to their performance or to any grievance relating to them. Personnel records must be made available at reasonable intervals and within a reasonable time of the employee’s request. The law does not define those terms and the Labor Commissioner has taken the position that “reasonableness” can only be determined on a case-by-case basis.
Normally, employers are not required to allow inspection of records during working hours; however, there are some exceptions. For example: If the employee must review the file somewhere other than where he/she reports to work, the employer must allow the inspection to take place during working hours with no loss of pay; or if the personnel department is open only during the same hours as the employee is on shift, the employee would have no choice but to use working time to review the file. This too would be without loss of pay.
The employer has the right to be present during the employee’s inspection to make sure that nothing is removed, altered or destroyed and to return the file to its proper place afterwards.
Employees do not have the right to inspect the following information:
- Materials regarding investigation of a possible crime;
- Letters of reference;
- Records that were obtained prior to the employee’s current employment;
- Documents prepared by identifiable examination committee members; or
- Information that was obtained with respect to a promotional exam.
Employees do not have a right to a copy of their entire personnel file. They have a right to a copy of documents they have signed regarding being hired or retained, such as employment applications, employment contracts and disciplinary notices. A reasonable fee may be charged for each copy. Employees may take notes of the entire personnel file except those documents bulleted above which may be removed from the file prior to the inspection.
To accommodate an employee’s request without unduly disrupting the workplace, we suggest using a form for the employee to request an appointment to review the file. The employer can then indicate on that form the date and time of the appointment and return it to the employee. The employee’s file can then be pulled, prepared and be readily available at the time of the appointment.