Many workers wonder what sits inside their personnel file. Is it just forms and signatures, or does it tell the story of your time at the company? In California, you don’t have to guess. The statute that opens that door is California Labor Code 1198.5. It gives you a clear path to look at or get copies of key documents about your employment. Nakase Law Firm Inc. has seen firsthand how labor code 1198.5 often plays a major role when questions about fairness at work come up.
The goal here isn’t to punish employers. It’s to make sure people aren’t left in the dark about decisions that shape pay, promotions, or even separations. With that in mind, many lawyers coach workers to read what’s on file before making any big move. California Business Lawyer & Corporate Lawyer Inc. often reminds clients that California labor code 1198.5 gives employees a fair chance to see the full picture before they take the next step.
What the Law Lets You Do
Here’s the gist: if you’re a current or former employee, you can ask to inspect or receive copies of your personnel records. The employer has a deadline to meet your request—30 days is the standard, and both sides can agree in writing to extend that to 35. You can review the file in person at a designated spot or ask for copies.
Think of it like requesting school transcripts. You submit a written request, there’s a short wait, and then you get the paperwork that tracks your progress. In this case, the documents can influence your career and legal rights, so the access matters.
Why These Records Matter in Real Life
Career decisions often turn on details. Maybe you’ve been passed over for a role and no one can explain why. Maybe you were let go and the reason you were given doesn’t match your memory of recent evaluations. These files often contain the missing pieces.
Typical items include performance reviews, commendations or warnings, job applications, notes about transfers or promotions, and pay changes linked to evaluations. With records in hand, you’re no longer guessing; you’re reading the paper trail.
Who Can Ask and How That Works
You can make the request as a current or former employee. Time since your last day doesn’t erase the right. You can also authorize someone—often an attorney—to request the file for you. That option helps when you’re already juggling a job search, a dispute, or family obligations.
A quick tip that saves time: put the request in writing, say whether you prefer inspection or copies, and keep a screenshot or PDF of what you sent.
What Employers Need to Do
Employers must respond within the deadline and provide a way to inspect or a set of copies. They can charge the actual cost for copying, but nothing extra that turns the process into a burden. Many HR teams use a simple form, log the request, and give a target date so everyone knows what to expect.
Silence isn’t an option. If a company ignores a valid request, the enforcement path opens up.
What’s Usually Inside the File
Not everything under the sun counts as a personnel record. The focus is documents used to make decisions about hiring, pay, discipline, promotion, or termination. Common examples:
- Job applications and resumes
- Offer letters and role change letters
- Written warnings or positive notes
- Performance evaluations
- Records of promotions, demotions, or transfers
- Pay records tied to decisions about wages
Some items are typically excluded, such as letters of reference, active investigatory materials, or information that would reveal private details about another employee.
Where the Line Gets Drawn
Access is broad, but not unlimited. If a page includes sensitive information about a coworker, that part can be redacted. Active investigations into misconduct sit outside the usual access until the process wraps up. The idea is to give you what shaped decisions about you, without exposing private details about someone else.
What If the Employer Doesn’t Cooperate
If an employer doesn’t follow the rules, you can file a complaint with the Division of Labor Standards Enforcement. In court, a judge can order compliance and, when the employee wins, may award attorney’s fees. Companies that sidestep requests don’t just risk penalties; they also send a poor message to the rest of the team.
A Story That Mirrors Many Others
Picture Maria, a project manager at a growing tech firm. Her recent review praised her coordination skills and listed her as “ready for bigger projects.” Two months later, she was let go for “inconsistent performance.” Confused, she asked for her personnel file under the statute. Inside, the positive review was there—along with a new memo written after her manager changed. The memo cited issues that didn’t match her previous evaluations. That contrast shaped the conversation with her attorney and, in time, the dispute’s resolution. Without access, she would have been stuck guessing.
Practical Tips for Employers
A simple, steady process saves time and conflict:
- Pick one point person in HR to handle requests
- Keep files organized so records are easy to collect
- Acknowledge each request in writing and set a delivery date
- Keep a log of requests and responses
- Share a one-page explainer during onboarding so employees know their rights
Clear steps prevent misunderstandings and support a culture of openness.
How to Make Your Request Smooth
Use a short written request. Say you’re asking under California Labor Code 1198.5, note whether you want copies or an in-person review, include a current email or mailing address, and ask to be told any copy cost in advance. If your request doesn’t get a response by the deadline, you can follow up once, then move to the DLSE or speak with a lawyer.
A small nudge often works: many HR teams are swamped, and a polite reminder helps your request reach the top of the pile.
Questions People Ask Again and Again
Do I need a lawyer to request my records? No. Many people start on their own. If a dispute is already heating up, involving counsel early can help.
Can I take photos instead of paying copy fees? Ask. Some employers allow photos during an in-person inspection as long as pages aren’t altered or removed.
What if the file is missing key documents? Note what’s missing in your follow-up email. If it turns into a pattern, that detail becomes part of your record too.
How Lawyers Fit Into the Picture
Attorneys look for patterns. Do the reviews match the promotion decisions? Did written warnings suddenly start right before a termination? On the employer side, counsel helps set timelines, redactions, and delivery formats that comply with the statute. Good guidance on both sides prevents small issues from turning into months of argument.
Short Guide You Can Use Today
- Write the request and keep a copy for your records
- Say whether you want inspection or copies
- Ask for the estimated copy cost up front
- Mark the 30-day deadline on your calendar
- If there’s no response, escalate through the DLSE or talk to a lawyer
Closing Thoughts
California Labor Code 1198.5 gives people a way to see the pages that influence their work lives. Employees get facts, not rumors. Employers get a path to handle requests with clarity. That shared visibility removes guesswork and helps both sides move forward with fewer surprises.
If you’re staring at a tough decision—job change, dispute, or something else—start by getting the file. The records tell the story. And once you have the story, your next step becomes a lot clearer.