• Sasha Struthers

Los Angeles Employers- The 10 Types of Documents You Should Keep in an Employee's File

To begin, employer are required to maintain an employees personnel file for 3 years after the employee's employment ends. An employee during or post employment may request their personnel file (see my blog post here on documents to NOT turn over in one of these requests). A personnel file request is allowed under Labor Code §1198.5. While the statue does not state specifically what should be in the file, the Department of Labor Standards Enforcement (DLSE) has provided some insight.

Here are the files an employer should maintain in an employees personnel file:

  • Applications for employment, including resumes, CVs, education transcripts, license or certification verifications, and the like.

  • Job descriptions at all times during employment, including if the job duties change or if the employee changes positions or is promoted.

  • Proof of training or other education provided to and completed by employee.

  • Anything the employee has signed, including handbook acknowledgements and policy acknowledgements.

  • Employee agreements, including any arbitration or mediation agreements or collective bargaining agreements .

  • Notices given to employee such as discipline, warnings, termination and/or commendation.

  • Employee reviews.

  • Records of layoffs, leaves of absence and vacation.

  • Attendance or time records.

  • Payroll authorization forms.

It is important for employers to keep any medical documentation related to the employee that the employer receives separate from the employee's personnel file. Employers need to keep employee medical records confidential at all times.

If you have any employee issues, employment law questions or curiosities piqued by this post feel free to reach out to me. You may contact me by phone at (818) 306-0686 or by email at sasha@struthers.legal

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The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.