DO I HAVE THE RIGHT TO INSPECT AND RECEIVE COPY OF MY EMPLOYEE PERSONNEL FILES AND RECORDS?

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As of January 1, 2013, California law provides that current and former employees (or a representative of the current and former employee) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee.

According to Labor Code Section 1198.5, inspections must be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request.

Upon a written request from a current or former employee, or a representative, the employer should provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the employer receives the request.

If a former employee is seeking to inspect his or her personnel records after being terminated for a violation of law, or an employment-related policy, the employer may comply with the request by doing one of the following:

(1) making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employee’s residence, or

(2) providing a copy of the personnel records by mail.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/

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