For employees in California
California gives employees and former employees the right to see their personnel file, payroll records and anything they signed. Job applicants can get copies of what they signed, and at larger employers anyone can ask for all the personal data collected about them.
[Your name][Date]
Request for my records
To Human Resources,
Under California Labor Code sections 1198.5, 226 and 432, and the California Consumer Privacy Act, please provide my personnel file, my payroll records and copies of documents I signed, and tell me what personal information you have collected about me.
I worked for you as [job title] from [date] to [date].
Four separate rights, and one letter can use all of them. The first three apply at every private employer, whatever its size. The fourth applies only at larger ones.
Labor Code 1198.5
Records about your performance, including training, and any grievance about you. Ask in writing; email counts.
Labor Code 226
Your pay records and wage statements. You can ask in writing or out loud.
Labor Code 432
Copies of any document you signed to get or keep the job, such as an offer letter or agreement.
CCPA, larger employers
Emails, notes and other data about you, with where it came from and who it was shared with. A quick test: if your employer gave you a California privacy notice for employees, the CCPA applies. Legally, that means revenue of $26.625 million or more, or meeting one of the law's other tests.
21 days
Payroll records
Calendar days from your request.
30 days
Personnel file
Calendar days from when they receive your written request.
45 days
CCPA request to know
They must confirm within 10 business days, and can extend once by 45 more days if they tell you.
Send a reminder that quotes the deadline first. If that doesn't work:
Complain to the Labor Commissioner. Employers who don't comply can face a $750 penalty, and you can go to court for an order.
Complain to the California Privacy Protection Agency, or to the Attorney General.
If you're thinking about a claim against your employer, speak to an employment lawyer before you rely on any of this.
One letter that asks for your personnel file, payroll records, signed documents and personal information. What you type stays on your device.