Levy Vinick Burrell Hyams LLP

  • Overview
  • Attorneys
  • Our Work
  • Blog
  • Contact

What’s in Your Personnel File? – Part 1

Share on Facebook
Facebook
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin

A personnel file can serve as the road map to a person’s employment.  It often contains the initial employment application, performance evaluations over the years, commendations the employee has received, as well as disciplinary records or other written documentation critical of the employee’s performance. Supervisors and managers often read through personnel files when it comes time to make critical decisions about an employee’s career. Raises, bonuses, even continued employment often ride on what can be found inside the file. Yet most employees have never even seen the full contents of the important file bearing their name.

When to Review Your Personnel File

If you are an employee (and most of us are), here are some prime examples of times when you might do well to review your personnel file –

  • When you are headed into an interview about a potential promotion.  The manager who is going to interview you is certainly going to have a look at your personnel file.  Make an appointment with HR to have a look at it yourself to make sure the information in the file accurately reflects your work history and performance.
  • When you have filed a worker’s compensation claim, requested medical leave or asked for reasonable workplace accommodations for a disability.  In each of these instances, you may have provided medical information in support of your request.  Reviewing your personnel file will help you make sure that your employer is not keeping your private medical information in the same file with the rest of your personnel records. (A number of laws require medical records to be kept in a separate file.)
  • When your boss seems to have it out for you. It is rare, but we’ve come across more than a few cases where there is evidence that managers have papered personnel files with fake disciplinary write-ups. If a manager is treating you unfairly in the workplace, make sure she or he is not creating a secret record to use to terminate you.
  • When you have been terminated. Even after you have been terminated, you can review your file. In fact, your employer must keep your personnel records for at least three years following your termination.

In California, employees have a legal right to review and copy their personnel files. Employees and employers have a stake in fair workplace practices. Human resources professionals and managers should view employee requests to review their personnel files as a chance to fulfill the promise of their open door policies.

Part 1 of this article explained the reasons why employees should consider finding out what’s in their personnel files.  Stay tuned for Part 2 for the nitty-gritty details about the California law that protects an employee’s right to review their own personnel file.

 

Related Posts:

  • If working from home is affecting your mental health, it's time to ask for accommodation
  • California Corrections Department to pay $2.3 million to decorated special agents for claims of unrelenting gender bias
  • Special Agent with over 25 years of experience in law enforcement sues California Department of Justice, alleging gender…
  • Dr. Margaret Mitchell, founder of Google Ethical AI Team, terminated after reporting equity issues of race and gender…

More Posts

  • Wendy Musell weighs in on gig workers as employees

    Wendy Musell weighs in on gig workers as employees

  • LVBH recognized as a “Best Law Firm” in Northern California

    LVBH recognized as a “Best Law Firm” in Northern California

  • LA Times calls on Wendy Musell to discuss the impact of a sexual misconduct settlement

    LA Times calls on Wendy Musell to discuss the impact of a sexual misconduct settlement

  • LVBH adds two more members to its superhero legal team

    LVBH adds two more members to its superhero legal team

  • Wendy Musell discusses California bill requiring salary ranges on job listings

    Wendy Musell discusses California bill requiring salary ranges on job listings

  • Plaintiff Magazine spotlights Darci Burrell

    Plaintiff Magazine spotlights Darci Burrell

  • LVBH attorneys named once again to the 2022 Northern California Super Lawyers list

    LVBH attorneys named once again to the 2022 Northern California Super Lawyers list

  • LVBH client settles lawsuit against San Rafael City Schools

    LVBH client settles lawsuit against San Rafael City Schools

  • LVBH clients featured in Berkeleyside article

    LVBH clients featured in Berkeleyside article

  • Wendy Musell interviewed on pay disparities

    Wendy Musell interviewed on pay disparities

Tags

#metoo award civil rights class action COVID defamation disability discrimination employee rights employment agreement employment arbitration agreements employment law employment lawyer blog equal pay ethnicity harassment failure to prevent harassment family medical leave forced arbitration gender discrimination human resources immigrant rights mandatory arbitration medical leave retaliation minimum wage misclassification national origin harassment Oakland Raiders cheerleader lawsuit public employees race discrimination racial harassment reasonable accommodation retaliation retaliation lawsuit sacramento sexual abuse sexual assault sexual harassment Super Lawyers uc regents University of California wage and hour wage theft whistleblowers women lawyers working families wrongful termination

LVBH Logo

CONTACT US

510-318-7700
info@levyvinick.com

Levy Vinick Burrell Hyams LLP
180 Grand Avenue, Suite 1300
Oakland, California 94612

  • Overview
  • Attorneys
  • Our Work
  • Blog
  • Contact
  • Press Releases

Copyright © 2023 Levy Vinick Burrell Hyams · website: Amanda McCoy · Log in

Disclaimer

Nothing in this website is intended in any way to form an attorney-client relationship or any other contract. It is designed solely to provide general information about the practice at Levy Vinick Burrell Hyams LLP.

Be mindful of any deadlines you have approaching that relate to your legal situation, and make sure that you meet them. Levy Vinick Burrell Hyams LLP does not assume any responsibility for advice given regarding any aspect of your case until you have a signed legal services agreement engaging the firm’s representation.

Though the firm provides free initial consultations, the firm retains complete discretion in every case to decide whether or not to provide a consultation to any person. Levy Vinick Burrell Hyams LLP makes no guarantees, warranties, or predictions about your case, and past success at the firm does not ensure future results will be the same.

Disclaimer

Nothing in this website is intended in any way to form an attorney-client relationship or any other contract. It is designed solely to provide general information about the practice at Levy Vinick Burrell Hyams LLP.

Be mindful of any deadlines you have approaching that relate to your legal situation, and make sure that you meet them. Levy Vinick Burrell Hyams LLP does not assume any responsibility for advice given regarding any aspect of your case until you have a signed legal services agreement engaging the firm’s representation.

Though the firm provides free initial consultations, the firm retains complete discretion in every case to decide whether or not to provide a consultation to any person. Levy Vinick Burrell Hyams LLP makes no guarantees, warranties, or predictions about your case, and past success at the firm does not ensure future results will be the same. The photos on this website do not reflect actual attorney-client interactions.