California employment law gives certain rights to all workers in California, such as accessing & inspecting personal files and copying data contained in employment files, such as salary details, job description details, and more. In addition, workers can request copies of any documents they sign at work.
Research shows that ignorance is a major reason why employee rights are violated by employers. Employee laws in California specify all protections to help employees enjoy a conducive workplace environment. The statutes can be accessed by everyone–ignorance is no defense in law!
Right to Inspect Personnel Records
California employment law gives both current and former employees the right to access their files. Workers can access their files for different reasons, including:
- Viewing performance information;
- Viewing discipline-related issues;
- Copying any information contained in their files.
On the other hand, employers can strike the names of other employees appearing in the file. In addition, they can withhold any sensitive information related to an employee, such as:
- Details of a reference letter;
- Criminal records;
- Records obtained before employment;
- Information relating to a promotion;
Employment files should be safely kept by the employer for at least 3 years after employment relations are terminated. Employers are liable to a $750 fine for denying employees the right to access their personnel records.
Requesting for Personnel Records
Workers should request to inspect personnel files containing their information in writing. The law requires employers to provide request forms but that doesn’t mean that workers must use such forms–they can use their forms, provided the request is made in writing.
Employers should respond to workers’ requests to inspect their files within a reasonable time, a maximum of 30 days. If a copy of the record is requested, the employees should get it. A representative of a current or former employee can also make such requests.
Where Workers can View Records
Current employees can view their records at the worksites or any other place allowed by the employer. However, workers should not view employment records during regular work hours. Former employees should view the records at the storage location or any other place allowed by their former employer.
Employers are allowed to mail records to former employees who were terminated because of harassment or violence. Alternatively, a former employee can collect their records from a safe location to be decided by the former employer. Former employees can only make a single request for their records in a year. Also, employees (current and former) with pending lawsuits against an employer cannot access their records during litigation.
Right to View Payroll Records
In California, workers have a right to view and copy data related to their payroll records. Paychecks should be accompanied by a payslip that can be issued as a separate document, stub, or voucher. A payslip should contain the following details or information:
- Hours worked by the employee;
- Hourly wage rate and commissions;
- Overtime pay;
- Statutory deductions; and
- Gross and net pay.
Employers are subject to a $50 fine for failing to provide payslips to workers, and $100 for subsequent violations, up to a maximum fine of $4,000. Payslips should also be provided to employees within 21 days of request.
Right to Copies of any Signed Documents
California law allows employees to receive copies of any documents they’ve signed in the course of their work. Employees can request copies of:
- Employment contracts;
- Handbooks and acknowledgment forms;
- Nondisclosure agreements – NDA;
- At-will agreements;
The law doesn’t specify the time limit for providing copies of signed documents, unlike in the other requests. However, documents signed by employees are kept in their personnel files so it shouldn’t be a problem to respond promptly.
Resolving Employment Grievances with Employers
The following tips can help employees resolve arising disputes and grievances at the workplace:
1. Understanding Employment Rights
Understanding your rights will help you present your challenges with more confidence. Also, you’ll be able to point out where your employer is going wrong.
2. Stick to Facts
Analyze the situation before engaging your employer. For instance, you could list you’re your grievances or challenges and their solutions. Request a friend to help you review and find solutions through brainstorming.
3. Avoid Emotional Outbursts
Sometimes workplace challenges can be depressing, but false accusations and emotional outbursts will not help the situation. Avoid losing your temper by practicing your presentation beforehand – that way, you’ll remain composed and professional.
4. Be Discreet
Workplace issues should be addressed in a private setting. You might be accused of poisoning others workers if you try to solve issues publicly. The best approach is to schedule a private meeting with your supervisor to discuss and resolve your concerns.
5. Strategize your Next Actions
You should reach an agreement with your employer on what should follow by considering the following questions:
- Will the problem be investigated?
- Will the boss involve your coworkers or supervisor?
- How will the meeting impact your job?
California employees’ rights are specified under the employment law and can be accessed by all workers. However, you might need a legal professional to interpret the statutes for you.
