Washington: Employee Personnel File Access Requirements

Requirements one by one

Who may request and what the file includes

A current employee may inspect the employee's own personnel file at least once
each year. A current employee, qualifying former employee, or either person's
designee may request a copy. The statutory definition includes all job-
application records, performance evaluations, nonactive or closed discipline,
leave and reasonable-accommodation records, payroll records, and employment
agreements—but only if the employer creates those records.

The law does not require an employer to create a file or adopt a new retention
schedule. It also preserves state and federal privacy nondisclosure rules.

Request, 21-day deadline, and free copy

For a private employer, the copy request need not be written. The employer must
provide the copy within 21 calendar days and may not charge the employee, former
employee, or designee. A former employee's separate request for a signed
statement giving the effective discharge date and any reason for discharge must
be written and has the same 21-calendar-day deadline.

Correction and rebuttal

Once each year, an employee may ask the employer to review information regularly
kept as business records or used for outside references. The employer decides
whether material is irrelevant or erroneous and must remove material it finds
to be so. If the employee disagrees, the employee may require a rebuttal or
correction statement to be placed in the file. A former employee retains that
right for no more than two years.

Court remedy for copy and discharge-statement violations

Before suing, the employee or former employee must give the employer a notice of
intent to sue that references the right to bring an action under Washington law.
The notice may accompany the initial file request or come later, and at least
five calendar days must pass before an action over failure to provide the
complete file begins.

Section 49.12.261 authorizes equitable relief, statutory damages, reasonable
attorney fees, and costs for violations of § 49.12.250(1). Its timing schedule
sets $250 when the complete file or required statement is not provided within 21
days, $500 at 28 days, and $1,000 when provision occurs later than 35 days.

What trips people up

The definition names nonactive or closed disciplinary records, not an open
disciplinary investigation. Section 49.12.260 also removes records relating to a
possible-crime investigation and protected material prepared for an impending
lawsuit. A request for “everything” therefore does not erase those boundaries.

Former-worker periods are not identical. The copy definition reaches someone
who separated within three years of the request, while the correction or
rebuttal right lasts no more than two years. The employee should identify which
right is being used rather than treating both windows as three years.

Common questions

Must the personnel-file request be written?

Not for the file copy. The statute says the employee, former employee, or
designee “requests” the file, and current L&I policy confirms writing is not
required. A former employee's request for the signed discharge statement must
be written.

Can the employer charge a copying fee?

No. A private employer must provide the personnel-file copy at no cost.

May I demand deletion of an evaluation I disagree with?

The employer must remove information it determines is irrelevant or erroneous.
If the employer disagrees, the employee may require a rebuttal or correction
statement to be placed in the file; the statute does not guarantee deletion.

Statutes and sources

• RCW 49.12.240: annual inspection, personnel-file definition, and no-create,
  no-retention-schedule, and privacy limitations — official text
  (accessed July 12, 2026).
• RCW 49.12.250: free copy, 21-calendar-day deadline, discharge statement,
  review and rebuttal, and former-worker periods — official text
  (accessed July 12, 2026).
• RCW 49.12.260: criminal-investigation and impending-litigation exclusions —
  official text
  (accessed July 12, 2026).
• RCW 49.12.261: notice of intent, superior-court action, statutory damages,
  fees, and costs — official text
  (accessed July 12, 2026).