Your Rights in California

This is a quote from the California Department of Industrial Relations website concerning your rights as an employee.  You can find this at:  http://www.dir.ca.gov/dlse/FAQ_RightToInspectPersonnelFiles.htm

Your Right to Access your Employment Records

“California law requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals. To facilitate the inspection, employers must do one of the following: (1) keep a copy of each employee’s personnel records at the place where the employee reports to work, (2) make the personnel records available at the place where the employee reports to work within a reasonable amount of time following the employee’s request, or (3) permit the employee to inspect the records at the location where they are stored with no loss of compensation to the employee.

The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, (b) were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.

Employees of state agencies, with few exceptions, and public safety officers are exempt from the provisions of Labor Code Section 1198.5. However, other public employees are covered under Labor Code Section 1198.5, including, those of a city, county, special district, community redevelopment agency, or other political subdivision of the state. 

Employers are required to give an employee or job applicant, upon request, a copy of any instrument that the employee or applicant has signed relating to the obtaining or holding of employment. Labor Code Section 432

Employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Labor Code Section 226(b) Effective January 1, 2003, an employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the aforementioned 21 calendar day period entitles the current or former employee to recover a penalty from the employer in a civil action before a court of competent jurisdiction. Labor Code Section 226, subdivisions (c) and (f)”

What does this mean?  The way I read this is you have the right to either view your personnel file or receive a copy of it within 21 days of the written request.  What can you do if your boss blows you off?  Check back later for an answer.