Labor Code §1198.5 – Right to Your Personnel File

California Labor Code §1198.5 gives current and former employees the right to inspect and get a copy of their personnel records, and the employer has 30 calendar days from receiving a written request to comply. If it does not, you can recover a $750 penalty and ask a court to order compliance.

Your personnel file is often the first evidence in an employment case. Performance reviews, write-ups, training records and grievance paperwork can show whether a firing was really about performance, or whether the story changed after you complained. Getting the file early, before memories fade and documents go missing, can shape everything that follows.

This guide explains what §1198.5 says (including the training-record changes that took effect January 1, 2026), who it covers, what counts as a violation, the penalty, and how to make a request. For a ready-to-use request letter that also covers payroll records and signed documents, see our guide on how to request your personnel file and payroll records.

What Labor Code §1198.5 says

Subdivision (a) gives every current and former employee, or their representative, “the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.”

The key rules, in plain English:

• What is covered: records relating to your performance, including education or training records, and records of any grievance concerning you.
• Deadline: the employer must make the records available for inspection, and provide a copy, no later than 30 calendar days after it receives your written request. You and the employer can agree in writing to a later date, but not more than 35 calendar days after the request.
• Cost: copies can cost no more than the actual cost of reproduction.
• Form of request: the request must be in writing, either your own letter or an employer-provided form. If you ask your supervisor verbally, the employer must make its form available to you.
• Retention: employers must keep each employee’s personnel records for at least three years after employment ends.

What changed on January 1, 2026

Senate Bill 513 amended §1198.5 effective January 1, 2026. The statute now expressly includes education and training records, and an employer that keeps training records must make sure they show the employee’s name, the training provider, the duration and date of the training, the core competencies covered (including skills in equipment or software), and the resulting certification or qualification.

By the numbers30 days

Who §1198.5 covers

The right belongs to current and former employees and to their “representative,” which the statute defines as a person you authorize in writing, such as an attorney. The employer may take reasonable steps to verify identity and may designate the person who receives requests.

A few limits apply:

• Former employees are entitled to one request per year.
• Representatives do not have to be accommodated for more than 50 requests in one calendar month.
• Some public employees are excluded, including peace officers covered by the Public Safety Officers Procedural Bill of Rights and employees of agencies covered by the Information Practices Act.
• Union workers may be excluded if a valid collective bargaining agreement expressly covers wages, hours and working conditions, provides its own procedure for inspecting personnel records, pays premium wage rates for all overtime hours, and pays a regular rate at least 30% above the state minimum wage.

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What counts as a violation

The employer violates §1198.5 if it fails to let you inspect or copy your personnel records within 30 calendar days (or the later date you agreed to in writing, up to 35 days). Charging more than the actual cost of copying, or refusing to provide the request form after a verbal request, can also run afoul of the statute.

Some records are outside the statute. The employer does not have to produce records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports or records that were obtained before you were hired, prepared by identifiable examination committee members, or obtained in connection with a promotional exam. The employer may also redact the names of nonsupervisory employees.

Timing matters in one more way. If you file a lawsuit that “relates to a personnel matter” (meaning your personnel records are relevant to the case), your right to inspect or copy records under §1198.5 stops while the lawsuit is pending. Records then come through the discovery process instead. That is one reason to send the request before a case is filed.

💡 Example: Dana, a hypothetical former warehouse lead, emails a signed request for her personnel file that HR receives on March 2. The employer’s deadline is April 1, which is 30 calendar days later. If nothing arrives by then and Dana did not agree in writing to more time, she can recover the $750 penalty and seek a court order requiring the employer to produce the records.

Remedies and penalties

Subdivision (k) sets the main penalty. If an employer fails to permit inspection or copying within the required time, the current or former employee, or the Labor Commissioner, may recover a penalty of $750 from the employer.

You may also bring an action for injunctive relief to force compliance and recover costs and reasonable attorney’s fees in that action (§1198.5(l)). A violation is also an infraction. The statute gives employers one narrow defense: impossibility of performance that was not caused by a violation of law.

A request can matter beyond the $750. Under the 2024 PAGA reforms, the date an employer receives a request for records under §§226, 432 or 1198.5 is one of the cutoff points for the employer’s ability to cap PAGA penalties at 15% by showing it had already taken “all reasonable steps” to comply. Steps taken after that point do not count toward that particular cap.

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Deadlines and where to file

Step	Rule	Source
Employer response	30 calendar days from receipt of written request (up to 35 by written agreement)	§1198.5(b)(1)
Employer record retention	At least 3 years after employment ends	§1198.5(c)(1)
Former employee requests	One per year	§1198.5(d)
Penalty claim	$750, by the employee or the Labor Commissioner	§1198.5(k)
Payroll records (separate law)	21 calendar days; $750 penalty	§226(c), (f)

You can pursue the $750 penalty through a claim with the Labor Commissioner or in court, often alongside other wage or wrongful termination claims. Because it is a penalty, a one-year limitations period generally applies (Code Civ. Proc. §340), so do not wait.

How to make a request

1. Put it in writing. Ask to inspect and receive a copy of your personnel records under Labor Code §1198.5, including education and training records.
2. Add related requests. In the same letter, request payroll records under §226(b) and copies of anything you signed under §432.
3. Send it so you can prove receipt. Email to HR plus certified mail works well. Note the date received; the 30-day clock starts then.
4. Calendar the deadline and follow up in writing if nothing arrives.
5. Talk to a lawyer if the file is incomplete, late, or tells a different story than what you were told.

Key fact

Related Labor Code sections

• Labor Code §226: your right to inspect or receive a copy of the payroll records behind your wage statements, with its own 21-day deadline and $750 penalty. See our guide to California pay stub requirements.
• Labor Code §432: if you signed any instrument relating to getting or keeping your job, you are entitled to a copy on request.
• Labor Code §1174: the employer’s duty to keep payroll records of hours worked and wages paid for at least three years.
• Labor Code §2699 (PAGA): records requests can affect the employer’s ability to reduce PAGA penalties.

A personnel file is often the first step in a larger case. If your file shows a sudden wave of write-ups after you complained, read our guides on being fired after complaining to HR and wrongful termination.

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Frequently asked questions

How long does my employer have to give me my personnel file in California?

Thirty calendar days from the date it receives your written request. You can agree in writing to extend that, but not beyond 35 calendar days from the request.

Can a former employee request a personnel file?

Yes. Former employees have the same right, limited to one request per year. The employer must keep personnel records for at least three years after your employment ends.

Does my employer have to mail me the file?

A former employee is generally entitled to inspect the records where the employer stores them and to receive a copy by mail if they reimburse actual postage. If you were fired for a violation involving harassment or workplace violence, the employer may instead make the records available at another location within a reasonable driving distance or mail a copy.

What is the penalty if my employer ignores my request?

You, or the Labor Commissioner, can recover $750 from the employer. You can also ask a court to order the employer to comply and recover costs and reasonable attorney’s fees for that action.

Can I still request my file after I sue my employer?

Not under §1198.5 if the lawsuit relates to a personnel matter. Your right to inspect or copy under this section stops while that case is pending, so send the request before filing.

Are training records part of my personnel file?

Yes. Since January 1, 2026, the statute expressly covers education and training records, and employers that keep them must include specific details such as the provider, dates, duration and resulting certification.

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