QUESTION

how to get a copy of my personnel file from former employer?

Asked on Apr 27th, 2016 on Labor and Employment - California
More details to this question:
i've submitted 4 separate requests. two written, one of those sent with return receipt, 1 faxed requst as the company requsted. and 1 over the phone. now i am being told that it is company policy that former employees must subpeona for the file. is this true? and if so what do i do?
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1 ANSWER

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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In California your right to receive copies and to be able to review your personnel file is set forth in Labor Code Sect. 1198.5 a portion of which is reproduced for your review below, due to space limitations only a portion has bee reproduced, I suggest you review the entire code section...Stephan Math Esq. 1198.5. (a) Every current and former employee, or his or her representative, 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. (b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. 
Answered on Apr 28th, 2016 at 9:28 AM

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