Personnel Files

Maintaining adequate employee personnel files is crucial for several reasons. Personnel files, along with the employee handbook, are usually the first things plaintiffs’ attorneys will request in any employment related lawsuit, and the documents contained therein are often central to the employer’s defense of the case. For example, they may contain a documented history of performance issues and documents laying the foundation for termination. California Labor Code section 1198.5 provides that every current and former employee has the right to inspect and receive a copy of the personnel records that the employer maintains “relating to the employee’s performance or to any grievance concerning the employee.” Employers are also required to give employees, upon their request, a copy of any document that the employee has signed relating to the obtaining or holding of employment, which are usually stored in the personnel file.

So what should go into an employee’s personnel file? …