Can I veiw what my Employer HR department has on file for and about me.

my employer is ignoring my internal job applications, I’m wondering if I’m black balled within our organization. If so can I request to see what information my employer has on file?

Asked on June 27, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A personal file belongs to the employer, not the employee. That having been said, under CA law, both current and former employees have the right not only to view the contents of the personnel file but to also treceive a copy of the contents on request, provided they pay the actual cost of copying.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can "request" it in the sense that anyone  can request anything; but you do not have any right to it. The personnel file may be *about* you, but it belongs to the employer: you do not have any rights to it, any more than your employer has any rights to see any personal emails you sent to family or friends (or to lawyers or accountants, seeking advice) about your job. They do not have to show this to you.


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