California: Employee Personnel File Access Requirements

Requirements one by one

Who may ask and what is covered

Section 1198.5(a) gives the right to a current employee, a former employee, or
a representative the employee authorized in writing. The inspectable category
is not every document an employer possesses. It is the personnel records the
employer maintains relating to performance—including education or training
records—or to a grievance concerning the employee.

Since January 1, 2026, an employer that maintains education or training records
must include the employee and provider names, the training date and duration,
the core competencies or skills, and the resulting certification or
qualification.

Request, deadline, and location

The operative request is written, either as the employee's own submission or on
an employer-provided form. A verbal request to the supervisor or known
designated recipient is enough to require the employer to supply its form. The
employer may reasonably verify the requester or representative's identity and
may designate where requests go.

Inspection and a requested copy are due within 30 calendar days after receipt.
The parties may agree in writing to more time, but the agreed date cannot pass
day 35. A current employee ordinarily inspects at the place they report to work
or another agreed location; moving the inspection elsewhere cannot cost the
employee compensation. A former employee ordinarily uses the record-storage
location or another location agreed to in writing.

Copies, mail, and cost

The copy right is independent of the inspection right. The employer may charge
no more than its actual reproduction cost. A former employee may elect delivery
by mail by reimbursing the employer's actual postal expense.

Exclusions and redactions

The employer may redact the name of a nonsupervisory employee. Section
1198.5(h) excludes records concerning a possible criminal-offense investigation,
letters of reference, specified preemployment and examination records, and the
listed public-agency employee categories. A qualifying collective bargaining
agreement also replaces the statutory procedure when it includes its own
inspection-and-copy process and satisfies the wage and working-condition terms
listed in subsection (q).

Former-worker limits and enforcement

The employer must retain personnel records for at least three years after
termination and need comply with only one former-employee request per year.
Missing the statutory or agreed deadline can produce a $750 penalty recoverable
by the employee or Labor Commissioner. A current or former employee may also
seek an injunction and recover costs and reasonable attorney fees; a violation
is an infraction.

What trips people up

The extra five days are not automatic. Day 35 is available only when the
requester and employer agree in writing to the extension. An employer cannot
unilaterally turn every 30-day deadline into 35 days.

Filing a personnel-related lawsuit changes the route. If the records are
relevant to a lawsuit against the employer or former employer, subsection (n)
suspends the § 1198.5 inspection-and-copy right while that lawsuit remains
pending in the original court. Litigation discovery then follows its own rules.

A former employee terminated for an employment-related harassment or workplace-
violence violation still keeps the copy right, but the employer may avoid a
workplace inspection by offering a reasonably nearby off-site location or by
mailing the records.

Common questions

Can my representative request the file for me?

Yes, but the authorization must be in writing, and the employer may take
reasonable steps to verify identity and authority.

Can I demand every HR document that mentions me?

Not under this section. Its right is limited to maintained personnel records
relating to performance—including education or training—or a grievance, and it
expressly excludes several categories.

Can I force the employer to delete an inaccurate evaluation?

Section 1198.5 creates inspection and copy rights but does not state a general
private-employee correction, deletion, or written-rebuttal procedure. An
employer policy or collective bargaining agreement may provide one.

Statutes and sources

• Cal. Lab. Code § 1198.5(a): eligible requesters, covered records, and training-
  record contents — official text
  (accessed July 12, 2026).
• Cal. Lab. Code § 1198.5(b)-(f): request method, 30/35-day deadline, locations,
  copies, mailing, costs, retention, and identity verification —
  official text
  (accessed July 12, 2026).
• Cal. Lab. Code § 1198.5(g)-(h), (n)-(q): redactions, exclusions, litigation
  pause, representative-request cap, and CBA exception —
  official text
  (accessed July 12, 2026).
• Cal. Lab. Code § 1198.5(k)-(m): $750 penalty, injunction, fees, and infraction —
  official text
  (accessed July 12, 2026).