Legal Question in Employment Law in California

file on employee

As part of an employee's legal right, can an employee view the file kept on him/her by human resources and supervisor(s)?


Asked on 10/19/06, 1:26 pm

2 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: file on employee

I am not completely clear on the circumstances in which you speak of, however, a supervisor may be in a position to review the HR file. However, most documents in the HR file should be kept private. Each situation is different and without facts I could not advise more clearly. Sorry.

Should you wish to discuss this matter further, you are welcome to e-mail the office with more informaiton at [email protected] or contact our office via telephone as well as post more information on lawguru for others to assist you.

Sincerely, Beth Mora

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Answered on 10/24/06, 7:47 pm
JEB Pickett Wynne Law Firm

Re: file on employee

Yes, an employee is entitled to demand review of their actual file and to request copies thereof. Such rights also extend to information, if any, kept outside of personnel files, such as supervisor's daily records, diaries, etc. Your employer must give you access to your file(s) upon request.

Rules for state employees, state agencies and public schools are different from this general rule. If you feel you may fall into one of these exceptions, request a consulation with a local attorney experienced in wage and hour laws through your County's Bar Association.

Disclaimer: This response and any materials or content provided by this response or through this web site or the www.wynnelawfirm.com website are for general informational purposes only and should not be relied on or considered as legal advice. If you seek legal advice or representation by Wynne Law Firm, you must first enter into a formal agreement. Under no circumstances does this informational response, directly or indirectly, including, without limitation, any correspondence by any means to or from Wynne Law Firm, establish or intend to establish an Attorney-Client relationship between you and Wynne Law Firm.

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Answered on 10/25/06, 11:42 am


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