How long should employers keep personnel records? Are employees entitled to personnel records? As an employment attorney, requesting an employee’s personnel records is one of the first crucial steps in a new employment case.
Personnel records provide an attorney with a wealth of information, such as performance at work, any reprimands or warnings received by the employee, payroll records, and much more.
In California, under Labor Code 1198.5, employees are entitled to inspect and receive copies of their personnel records. Furthermore, Labor Code 226 allows employees to receive copies of their payroll records from their former employer.
So, why is it so vital to request these records? The records can shed light on the reasons for an employee’s termination and potential wage and hour violations. Additionally, the information might reveal if the company followed proper protocol in providing training for harassment, discrimination, and retaliation in the workplace.
These records can also provide information on whether an employee signed an arbitration agreement. Knowing this can significantly impact the legal strategy in an employment case.
Employment claims are complex and very fact-intensive. It requires an attorney ready to take all the necessary steps early on in the case. At Knoll Law Firm, we specialize in representing individuals who’ve fallen victim to discrimination and harassment at work.
We’re here to help. If you suspect you might be experiencing harassment or discrimination in the workplace, contact us for a FREE consultation now at (818) 610-0955.
Transcript:
What do you think is the first thing an employment lawyer does when handling a new employment case? Would it surprise you to know that requesting an employee’s personnel records are priority number one!
Hi, I’m Syndel, the managing attorney here at Knoll Law Group. Our firm specializes in the representation of individuals who have fallen victim to discrimination and harassment in the workplace.
And this video is going to talk about why it’s so important to request an employee’s personnel records.
Labor Codes 1198.5 and 226 Explained
When I get a new case and I’m digging through all of the facts, it’s so important that I request the employee’s personnel records from their former employer. Under labor code 1198.5, an employee is allowed to inspect and receive copies of their personnel records. Personnel records includes information such as their performance at work, any reprimands or warnings that they might have received.
In addition, under labor code 226, an employee is allowed to receive copies of their payroll records from their former employer. Now, once that employer receives notification that that employee wants their personnel records, they’ve got 30 days to comply.
How Personnel Records Can Assist a Case
So why is it so important to request these records? Well, an attorney can look at the records and determine what was the reason for that employee’s termination, are there any potential wage and hour violations that are seen in the records.
The information might also provide guidance as to whether the company followed proper protocol in providing training for harassment, discrimination, and retaliation in the workplace. It can even provide information on whether that employee signed an arbitration agreement.
It is so important to get your hands on those personnel records because it allows an attorney to determine what are the best claims to bring against that former employer. Employment claims are complex and they are very fact-intensive. So you need to hire an attorney who’s ready to do all the necessary steps early on in the case.
Contact Us About Your Harassment or Discrimination Case
So, if you have questions about whether you might be experiencing harassment or discrimination in the workplace, then give Knoll Law Group a call for a free legal consultation.