Employee File - California

Sheila2008

I meant to ask this as well, but thought I had the information already, but I don't.  Could someone please let me know...if an employee, terminated or current asks to see their file....what information are they NOT allowed or we don't need to let them view.......and should I keep two files one for them to view and one for employers only?

TXHRGuy

http://community.blr.com/hr/forums/thread/5739.aspx

This should help.  Let us know if the sources there don't get you what you need!

Sheila2008

Sorry, but either I am missing something or not getting it, but it doesn't.explain enough...I was told that in California they can request an in a reasonable time, can permit it...but they are limited to what they can see in their file...meaning current employee or terminated....I'm just not sure.

TXHRGuy

What documents do you have in the EE file that you are concerned about?

If you have things in there that don't belong there (e.g., investigation notes), then move them before showing them the file contents.

KMoore1

What state are you in? Employee access to personnel files is usually governed by state law.

IT HR

The document I have about this topic gives this Labor Code as the place to look:  CA Labor Code 1198.5, 1776; 8 CCR 3204

If you have a subscription to HR.BLR.com you should be able to look info up on that or ask a question to one of the experts on the site.  If still unsure then I would consult an attorney.

TXHRGuy

Does CA Labor Code 1198.5, 1776; 8 CCR 3204 address what's supposed to be in the EE file?  I think there's a content question here that may be difficult to figure out from a statute or regulation that isn't aimed directly at that issue.  I think OP would like to avoid the accusation later down the road that they specifically hid information that the employee or former employee was entitled to under the law.