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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.