November 1, 2025
In California, current and former employees have the legal right to inspect their personnel files and pay records upon written request within a certain time frame. For employers, properly maintaining these records is crucial—once lost, they can’t be recreated. And now, an employer’s obligations on what must be maintained in the personnel file have expanded.
What must be kept in a personnel file and for how long?
Employers must retain personnel files for at least three years after an employee’s employment relationship ends. These files typically have included:
- Signed employment documents
- Job descriptions & policy acknowledgments
- Performance reviews & disciplinary notices
- Attendance & payroll records
Effective January 1, 2026 California employers also must make education and training records explicitly part of the “personnel records” that current and former employees (or their authorized representatives) have the right to inspect and copy. These training or education records must include:
- The employee’s name
- The trainer’s name
- The date and duration of training
- Core competencies of training, including skills in equipment or software
- Any resulting certification or qualification
Consider Keeping Some Documents Outside the Personnel File
Some records must be maintained, but it is recommended they be kept outside the personnel file. For example, medical records should be maintained in a separate file to protect confidentiality. The same is true for I-9 forms, and the copies of documents used to support those I-9 forms. Other documents might include:
- Records related to the investigation of a possible criminal offense
- The result of background searches
- Letters of reference
- Certain reports from past employers or promotional exams
What About Employee Access to + Copying of Personnel Files?
Current and former employees have the right to request review of their personnel files, and also may copy their personnel files. Employers may charge for the copying expense, but typically don’t unless copying is onerous and expensive.
Remember: employers must respond to written requests for inspection or copies of personnel files within 30 calendar days, unless both parties the employer and the employee agree in writing to extend that time (up to 35 days from the date the employer’s receipt of the written request). Fun fact: former employees may only make one request per year to inspect or receive a copy of their records. Failing to comply with the request to review can result in a $750 penalty and potential legal action.
Why All of This Matters
Requests for personnel files often signal legal disputes. Keeping organized records not only ensures compliance but can also protect businesses in litigation. Employers should consult legal counsel before responding to employee requests for personnel files.
Need guidance on managing personnel records or responding to a request for records? Let me know, we are happy to help.
