Get a look at everything in your file.
California workers have the right to receive a full and complete copy of their personnel file including, but not limited to: all write ups; performance plans, investigations, wages and pay information, hours worked, applications for employment, notices of commendation, warnings, discipline, and/or termination notices; notices of layoff, leave of absence requests, vacation time and PTO; notices of wage attachment or garnishment; performance appraisals and reviews; all signed documentation relating to the obtaining or holding of employment, including any arbitration agreements; and all other information and documents currently or previously contained in the worker's employment file.
The letter cites the California Labor Codes which mandates your right receive a copy of your employment file, and explains to the employer the $750 fine they may have to pay if the employment file is not sent to you within 30 days.
BEST USE OF THIS FORM:
Obtaining your employment file is obviously a great way to see what your employer has been placing in your file about you. If you are preparing to make a demand for unpaid wage or overtime, or claim related to discrimination, harassment or retaliation, this is a very effective way to learn what in your file may help you or what you may be up against.
OTHER FORMS YOU CAN USE WITH THIS FORM:
Once you have access to what is in your employment file, you can use your knowledge of this material to make a demand for unpaid wages or overtime, make complaint for discrimination, harassment or retaliation to the DFEH or EEOC, or make a PAGA claim to the LWDA.
This form should only be used by people who have worked for a job in California. If your employer has a dedicated human resources staff, that is who the form should be sent to. If not the form should be sent to the person you feel will be in charge of your employment file. If the employer fails or refuses to provide you with your file materials in the designated time period, you should send a follow up correspondence to them reminding them that they are subject to monetary penalties if they do not provide you with your employment file. If the employer continues to resist providing you with your employment file, you may want to consult an attorney to take legal action.
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