Employers Filing Requirement for Former Employees

Employees sometimes leave their jobs and transfer employment whenever the promise of pay is higher. Due to constant transfer, some records are left with the previous employer. What happens to these records?

Employers Must Keep Employee Records

The law requires employers to keep records of previous employees for a certain period of time. Some files are even kept 30 years after an employee’s death. This shows that the responsibility of employers towards its employees does not cease upon termination. Employers are required to do certain things even after cessation of the employer-employee relationship.

What Records Must be Maintained

One responsibility is keeping the employees records. Both federal law and the California state law require employers to keep certain files regarding its employees. Medical records, job description and classification, payroll records, employer’s log of occupational injuries and illnesses, etc. are mandated by law for employers to keep.

What about Individual Personnel Files?

Although not required by law, employers may maintain individual personnel files regarding the following:

• Performance Reviews
• Application for Employment
• Attendance Records

Employee’s Right to View Files

Having known the employer’s mandated filing, the next question is , "Can employees view these records?" Employees who had been fired, laid off, terminated or are on leave of absence have inspection rights. In other words, they have the right to see their files especially regarding those:

• That determine qualifications for employment, promotion and salary increase
• That contain information leading to disciplinary action
• That determine the health of the employee which had been compiled after employment began

Employees are Entitled to Copies of All Signed Documents

Employees are entitled to a copy of any signed employment related document. Should the employer refuse to give a copy, the employee could file a claim with the Labor Commissioner or directly with the court.

For unsigned documents, the employee could only take note of them and employer is not required to provide a copy. However, not all files could be subject to inspection. Employees have no right to inspect the following:

1. Records relating to criminal investigation
2. Pre-employment reference letters

Filing Advantage for Employers

Employer’s filing requirement is not only dictated by labor law but also by convenience and law of evidence. These files are particularly helpful in defending or resisting claim for or against the former employer or employee.

Evidence for Employment Lawsuits

These records may be used as evidence or reference in lawsuits regarding employment breach, overtime payment, employment discrimination, and sexual harassment.

If you want to inspect your files with your previous company but the latter refuses, you may consult with an employment lawyer to evaluate your case.

• This article is provided for informational purposes only. If you need help with an Employment Law question, please click here to consult with Rodney Mesriani or an Employment lawyer in your area.