Contra Costa California Personnel File Inspection Requirements for Companies
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How to fill out Contra Costa California Personnel File Inspection Requirements For Companies?
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FAQ
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Examples of items that should not be included in the personnel file are: Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents. Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.
Date: Dear (Name of Employer/Manager/HR): As per Cal. Labor Code Sections 1198.5, 226(b) and 432, please forward a copy of my personnel file, including any and all documents I signed which are in your possession and all my payroll records, within 21 business days of this request, as required by law.
To make a request, employees can either file a written request (by mail, email, or other written form), or by making a written request using a form provided by the employer. As noted above, the employer has to provide access to the records within 30 days.
If you ever feel that your rights have been violated by an employer or think you may need to consider legal action against a current or former employer, it may be important for you to obtain your personnel files.
This could include the following: Notices of commendation, warning, or discipline. Notices of layoff, leave of absence, and vacation. Education and training notices and records. Performance reviews. Attendance records. Payroll authorization forms. Termination notices and documentation.
Dear Human Resources Deparment: Please allow this letter to serve as a request for my employment records maintained by Acme Corporation. I am seeking complete copies of the following: My personnel records maintained by Acme Corporation that relate to my performance or to any grievance concerning me.
Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.
