California Personnel File Wage Statement Requests
📁 California Personnel File & Wage Statement Request Letters
Enforce your statutory right to inspect and copy employment records under California Labor Code
Labor Code § 1198.5: Right to Inspect Personnel File
California Labor Code § 1198.5 gives current and former employees the right to inspect and receive a copy of their personnel file maintained by the employer.
Key Rights Under § 1198.5
| Right | Details |
|---|---|
| Who can request | Current employees, former employees (up to 3 years after termination), employee’s representative (with written authorization) |
| What you can inspect | Personnel records “relating to the employee’s performance or to any grievance concerning the employee” |
| When employer must comply | Current employees: Within 30 days of request Former employees: Within 30 days of request |
| Where inspection occurs | At employer’s office where records are kept, during reasonable business hours |
| Copy rights | You can request a copy; employer can charge actual copying costs (not to exceed actual cost) |
| How often | Once per year (current employees); once after termination (former employees) |
📝 What’s in a Personnel File? Typically includes: offer letter, employment application, performance reviews, disciplinary notices, warnings, commendations, training records, promotion/demotion memos, salary change notices, and any documents related to complaints or grievances.
Labor Code § 226: Right to Wage Statements and Payroll Records
Section 226(b) requires employers to provide accurate itemized wage statements (pay stubs) with each payment of wages. Section 226(c) gives employees the right to inspect and copy payroll records.
Required Information on Wage Statements (§ 226(a))
Every pay stub must include:
- Gross wages earned
- Total hours worked (for non-exempt employees)
- Number of piece-rate units earned and applicable rate (if applicable)
- All deductions (must be itemized)
- Net wages earned
- Inclusive dates of the pay period
- Employee’s name and last four digits of SSN or employee ID number
- Employer’s name and address
- All applicable hourly rates and corresponding hours worked at each rate
Right to Inspect Payroll Records (§ 226(c))
| Aspect | Details |
|---|---|
| Who can request | Current or former employee, authorized representative |
| What you can inspect | Copies of itemized wage statements and payroll records for up to 3 years |
| When employer must comply | Within 21 calendar days of written request |
| Where inspection occurs | At employer’s office during reasonable business hours |
| Copying | Employer must provide copies; cannot charge for first copy of records provided in response to request |
⚠️ 21-Day Deadline for Wage Records: Unlike the 30-day deadline for personnel files, employers have only 21 calendar days to comply with payroll record requests under § 226(c). Failure to comply triggers automatic penalties.
Why Request These Records?
- Unpaid wage claims: Verify hours worked, overtime calculations, meal break premiums
- Discrimination/retaliation: Review performance evaluations, disciplinary history, promotion decisions
- Wrongful termination: Obtain termination documentation, progressive discipline records
- Commission disputes: Review sales records, commission calculations, payment history
- Misclassification: Obtain job description, title changes, timekeeping records
- Pre-litigation investigation: Gather evidence before filing DLSE claim or lawsuit
How to Request Your Personnel File
Send a written request to your employer’s HR department or designated records custodian. Be specific and professional.
Sample Personnel File Request Letter (Current Employee)
[Your Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: Human Resources / [HR Contact Name]
[Company Address]
[City, State, ZIP]
Re: Request to Inspect and Copy Personnel File (California Labor Code § 1198.5)
Dear [HR Contact / To Whom It May Concern]:
Pursuant to California Labor Code § 1198.5, I hereby request to inspect and receive a complete copy of my personnel file. I am currently employed by [Company Name] as a [job title] in the [department].
Please provide me with copies of all documents in my personnel file, including but not limited to:
• Employment application and offer letter
• Performance reviews and evaluations
• Disciplinary notices, warnings, or corrective action documents
• Promotion, demotion, or transfer notices
• Salary or wage change documentation
• Commendations, awards, or recognition letters
• Training records and certifications
• Any documents related to complaints, grievances, or investigations involving me
• Time-off requests and attendance records
• Any other documents relating to my performance or employment
Under § 1198.5(a), you are required to make my personnel file available for inspection within 30 calendar days of this request. I request that you provide me with complete copies of all records, for which I will pay the actual cost of reproduction.
Please contact me at [phone] or [email] to arrange a mutually convenient time for inspection and to confirm the cost of copying. I prefer to receive the copies by [mail / email / in person] at [address / email].
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: Human Resources / [HR Contact Name]
[Company Address]
[City, State, ZIP]
Re: Request to Inspect and Copy Personnel File (California Labor Code § 1198.5)
Dear [HR Contact / To Whom It May Concern]:
Pursuant to California Labor Code § 1198.5, I hereby request to inspect and receive a complete copy of my personnel file. I am currently employed by [Company Name] as a [job title] in the [department].
Please provide me with copies of all documents in my personnel file, including but not limited to:
• Employment application and offer letter
• Performance reviews and evaluations
• Disciplinary notices, warnings, or corrective action documents
• Promotion, demotion, or transfer notices
• Salary or wage change documentation
• Commendations, awards, or recognition letters
• Training records and certifications
• Any documents related to complaints, grievances, or investigations involving me
• Time-off requests and attendance records
• Any other documents relating to my performance or employment
Under § 1198.5(a), you are required to make my personnel file available for inspection within 30 calendar days of this request. I request that you provide me with complete copies of all records, for which I will pay the actual cost of reproduction.
Please contact me at [phone] or [email] to arrange a mutually convenient time for inspection and to confirm the cost of copying. I prefer to receive the copies by [mail / email / in person] at [address / email].
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
Sample Personnel File Request Letter (Former Employee)
[Your Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Former Employer Name]
Attn: Human Resources
[Company Address]
[City, State, ZIP]
Re: Request for Personnel File – Former Employee (Labor Code § 1198.5)
Dear [HR Contact]:
I am a former employee of [Company Name], having worked as a [job title] from [start date] through [end date]. Pursuant to California Labor Code § 1198.5(c), I hereby request to inspect and receive a complete copy of my personnel file.
Please provide copies of all documents in my personnel file, including:
• All performance reviews and evaluations
• Disciplinary records, warnings, and performance improvement plans
• Separation/termination documentation
• Final paycheck calculation and any severance documentation
• Records of complaints or grievances filed by or against me
• Any documents related to the reasons for my termination
• [Any other specific documents you need]
Under § 1198.5(c), former employees are entitled to inspect and copy their personnel files within 30 days of a written request. As my employment ended on [date], I am within the 3-year window for making this request.
Please send the copies to me at the address above [or: via email to [email]]. I will pay the reasonable cost of reproduction. Please inform me of the total cost before producing the copies.
If you have any questions, please contact me at [phone] or [email].
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Former Employer Name]
Attn: Human Resources
[Company Address]
[City, State, ZIP]
Re: Request for Personnel File – Former Employee (Labor Code § 1198.5)
Dear [HR Contact]:
I am a former employee of [Company Name], having worked as a [job title] from [start date] through [end date]. Pursuant to California Labor Code § 1198.5(c), I hereby request to inspect and receive a complete copy of my personnel file.
Please provide copies of all documents in my personnel file, including:
• All performance reviews and evaluations
• Disciplinary records, warnings, and performance improvement plans
• Separation/termination documentation
• Final paycheck calculation and any severance documentation
• Records of complaints or grievances filed by or against me
• Any documents related to the reasons for my termination
• [Any other specific documents you need]
Under § 1198.5(c), former employees are entitled to inspect and copy their personnel files within 30 days of a written request. As my employment ended on [date], I am within the 3-year window for making this request.
Please send the copies to me at the address above [or: via email to [email]]. I will pay the reasonable cost of reproduction. Please inform me of the total cost before producing the copies.
If you have any questions, please contact me at [phone] or [email].
Sincerely,
[Your Signature]
[Your Printed Name]
💡 Send via Certified Mail: Use USPS certified mail with return receipt to create proof of delivery and start the 30-day clock. Also email a copy for faster processing.
What If the Employer Refuses or Delays?
If the employer fails to comply within 30 days or refuses your request:
- Send a follow-up demand letter: Reference the original request and cite Labor Code § 1198.5(k) penalties ($750 statutory penalty)
- File a complaint with the Labor Commissioner: The DLSE can order the employer to comply
- File a lawsuit: You can sue for injunctive relief (court order to produce records) and recover the $750 penalty plus attorneys’ fees
⚠️ Employer Cannot Retaliate: It is illegal for an employer to retaliate against you for requesting your personnel file. If you’re disciplined, demoted, or fired after making the request, you have a separate retaliation claim under Labor Code § 98.6.
How to Request Wage Statements and Payroll Records
Use a written request under Labor Code § 226(c) to obtain copies of your pay stubs and payroll records for up to 3 years.
Sample Wage Statement Request Letter
[Your Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: Payroll Department / Human Resources
[Company Address]
[City, State, ZIP]
Re: Request for Wage Statements and Payroll Records (California Labor Code § 226(c))
Dear [Payroll/HR Contact]:
Pursuant to California Labor Code § 226(c), I hereby request copies of my itemized wage statements and payroll records for the period from [start date] through [end date] (or: for the past 3 years).
Specifically, I request copies of:
• All itemized wage statements (pay stubs) for the requested period
• Timekeeping records showing hours worked, including clock-in/clock-out times
• Records of all deductions from wages
• Records showing calculation of overtime, double-time, and premium pay
• Records of meal and rest break times (or records showing meal break premiums paid)
• Commission calculation records and supporting sales data
• Bonus and incentive payment records
• Any other payroll records reflecting my compensation and hours worked
Under Labor Code § 226(c), you are required to make these records available for inspection and to provide me with copies within 21 calendar days of this written request. The statute prohibits you from charging me for the first copy of these records.
Please send the copies to me at the address above [or: via email to [email]] within the statutory 21-day period. If you require clarification regarding the scope of this request, please contact me immediately at [phone] or [email].
Failure to comply with this request within 21 days may result in penalties under Labor Code § 226(f) of $750 per employee, plus attorneys’ fees and costs.
Thank you for your prompt compliance.
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: Payroll Department / Human Resources
[Company Address]
[City, State, ZIP]
Re: Request for Wage Statements and Payroll Records (California Labor Code § 226(c))
Dear [Payroll/HR Contact]:
Pursuant to California Labor Code § 226(c), I hereby request copies of my itemized wage statements and payroll records for the period from [start date] through [end date] (or: for the past 3 years).
Specifically, I request copies of:
• All itemized wage statements (pay stubs) for the requested period
• Timekeeping records showing hours worked, including clock-in/clock-out times
• Records of all deductions from wages
• Records showing calculation of overtime, double-time, and premium pay
• Records of meal and rest break times (or records showing meal break premiums paid)
• Commission calculation records and supporting sales data
• Bonus and incentive payment records
• Any other payroll records reflecting my compensation and hours worked
Under Labor Code § 226(c), you are required to make these records available for inspection and to provide me with copies within 21 calendar days of this written request. The statute prohibits you from charging me for the first copy of these records.
Please send the copies to me at the address above [or: via email to [email]] within the statutory 21-day period. If you require clarification regarding the scope of this request, please contact me immediately at [phone] or [email].
Failure to comply with this request within 21 days may result in penalties under Labor Code § 226(f) of $750 per employee, plus attorneys’ fees and costs.
Thank you for your prompt compliance.
Sincerely,
[Your Signature]
[Your Printed Name]
🕐 21-Day Deadline: The employer has exactly 21 calendar days (not business days) from receipt of your written request to comply. If they miss this deadline, statutory penalties apply automatically—no need to prove damages.
Specific Records to Request for Different Claims
| Type of Claim | Records to Request |
|---|---|
| Unpaid overtime | All timekeeping records, pay stubs showing hours and rates, records of any off-the-clock work, meal break waiver forms (if any) |
| Misclassification | Job description, pay stubs, 1099 vs. W-2 records, contracts, timekeeping (to show you punched a clock like an employee) |
| Unpaid commissions | Commission agreement, sales reports, payment records, calculation worksheets, any chargebacks or adjustments |
| Meal/rest break violations | Time punches showing meal breaks, records of premium pay (1 hour wages) for missed breaks, any meal break waivers |
| Wage statement violations | All pay stubs for the past 3 years to check for missing information (rates, hours, deductions, etc.) |
What If Employer Refuses or Delays Payroll Records?
Failure to comply with a § 226(c) request within 21 days triggers automatic penalties under § 226(f):
- Statutory penalty: $750 per employee for initial violation
- Additional penalties: $4,000 maximum if employer fails to cure after notice
- Attorneys’ fees: Prevailing employee recovers reasonable attorneys’ fees and costs
You can file a lawsuit in superior court or file a DLSE wage claim to recover these penalties.
✅ No Need to Prove Harm: Unlike most legal claims, you don’t need to prove you suffered damages from the employer’s failure to provide records. The $750 penalty is automatic if the employer misses the 21-day deadline.
Penalties for Violating § 1198.5 (Personnel Files)
Under Labor Code § 1198.5(k), if an employer fails to permit inspection or provide copies within 30 days, the employee can recover:
- $750 penalty (statutory, no proof of damages required)
- Attorneys’ fees and costs if you sue to enforce the right
- Injunctive relief (court order compelling production)
Penalties for Violating § 226 (Wage Statements)
California Labor Code § 226 imposes multiple tiers of penalties for wage statement violations:
| Violation Type | Penalty | Authority |
|---|---|---|
| Knowing and intentional failure to provide accurate wage statements | $50 for initial violation + $100 per subsequent violation (max $4,000 per employee) | § 226(e) |
| Failure to provide copies of wage statements/payroll records within 21 days of request | $750 per employee (initial violation) | § 226(f) |
| Failure to cure after notice | $4,000 maximum per employee | § 226(f) |
| Attorneys’ fees | Mandatory for prevailing employee | § 226(e), (h) |
📝 “Knowing and Intentional” Standard: To recover § 226(e) penalties for inaccurate wage statements, you must show the employer knew the statements were wrong and intentionally failed to comply. This is a high bar. However, § 226(f) penalties for failing to provide copies on request have no such requirement—the penalty is automatic.
Common Wage Statement Violations (§ 226(a))
If your pay stubs are missing required information, you may have a claim under § 226(e):
- Missing total hours worked (for non-exempt employees)
- Missing breakdown of hourly rates and hours worked at each rate (e.g., regular vs. overtime)
- Deductions not itemized or explained
- Missing inclusive dates of pay period
- Missing employee ID or last 4 of SSN
- Missing employer’s legal name and address
Even one missing piece of required information can trigger penalties if the employer knew and intentionally failed to comply.
Retaliation for Requesting Records (Labor Code § 98.6)
It is illegal for an employer to retaliate against an employee for:
- Requesting personnel file or payroll records
- Filing a complaint with the Labor Commissioner
- Threatening to file a complaint
- Testifying in a Labor Commissioner proceeding
Remedies for retaliation (§ 98.6(b)):
- Reinstatement
- Back pay (lost wages from date of retaliation)
- Interest on back pay
- Costs and attorneys’ fees
⚠️ Document the Timeline: If you’re disciplined, demoted, or fired shortly after requesting records, document the timeline carefully. Temporal proximity (e.g., termination within days or weeks of request) creates a strong inference of retaliation.
Enforcement Options
If your employer refuses to provide your personnel file or payroll records, you have multiple avenues for enforcement:
Option 1: File a Complaint with the Labor Commissioner (DLSE)
| Aspect | Details |
|---|---|
| How to File | Online, by mail, or in person at local DLSE office |
| Cost | Free |
| What DLSE Can Do | Order employer to produce records; award statutory penalties ($750 for § 226(f), up to $4,000 for § 226(e)) |
| Timeline | Hearing typically 6–12 months after filing; either party can appeal to superior court |
| Limitations | DLSE cannot award attorneys’ fees (only court can); process is slower than court |
Option 2: File a Lawsuit in Superior Court
| Aspect | Details |
|---|---|
| Claims | § 1198.5 violation (personnel file), § 226 violations (wage statements), retaliation (§ 98.6) |
| Remedies | Injunctive relief (court order to produce), statutory penalties ($750–$4,000), attorneys’ fees and costs |
| Attorneys’ Fees | Mandatory for prevailing employee under § 1198.5(k) and § 226(h) |
| Timeline | Can seek expedited relief (temporary restraining order or preliminary injunction) to compel production quickly |
| Strategic Advantage | Employers often settle quickly to avoid paying your attorneys’ fees on top of penalties |
✅ Fee-Shifting Makes Litigation Viable: Because you can recover attorneys’ fees for prevailing on § 1198.5 and § 226 claims, many employment attorneys will take these cases even if the statutory penalty is only $750–$4,000. The employer’s exposure to fees (often $10,000–$30,000+) creates strong settlement pressure.
Sample Demand Letter After Employer Fails to Comply
[Your Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: [HR Director / General Counsel]
[Company Address]
[City, State, ZIP]
Re: FINAL DEMAND – Violation of Labor Code § 226(c) – Failure to Provide Wage Statements
Dear [Employer]:
On [date], I sent you a written request for copies of my wage statements and payroll records pursuant to California Labor Code § 226(c). (See attached copy of original request.) As of today, [X days] have passed since my request, and you have failed to provide the requested records.
Under Labor Code § 226(c), you were required to provide these records within 21 calendar days of my written request. Your failure to comply is a violation of § 226(f), which subjects you to a penalty of $750 per affected employee. In addition, under § 226(h), I am entitled to recover my attorneys’ fees and costs if I am forced to pursue this matter in court.
I hereby demand that you:
1. Immediately provide complete copies of all requested wage statements and payroll records; and
2. Pay the statutory penalty of $750 for your violation of § 226(f).
If I do not receive the requested records and payment of the penalty within 7 days of the date of this letter, I will file a lawsuit in superior court seeking:
• An injunction compelling production of the records
• The $750 statutory penalty under § 226(f)
• Additional penalties up to $4,000 for failure to cure
• Attorneys’ fees and costs under § 226(h)
• Any other relief the court deems just and proper
Please contact me immediately at [phone] or [email] to resolve this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Address]
[City, State, ZIP]
[Email]
[Phone]
[Date]
[Employer Name]
Attn: [HR Director / General Counsel]
[Company Address]
[City, State, ZIP]
Re: FINAL DEMAND – Violation of Labor Code § 226(c) – Failure to Provide Wage Statements
Dear [Employer]:
On [date], I sent you a written request for copies of my wage statements and payroll records pursuant to California Labor Code § 226(c). (See attached copy of original request.) As of today, [X days] have passed since my request, and you have failed to provide the requested records.
Under Labor Code § 226(c), you were required to provide these records within 21 calendar days of my written request. Your failure to comply is a violation of § 226(f), which subjects you to a penalty of $750 per affected employee. In addition, under § 226(h), I am entitled to recover my attorneys’ fees and costs if I am forced to pursue this matter in court.
I hereby demand that you:
1. Immediately provide complete copies of all requested wage statements and payroll records; and
2. Pay the statutory penalty of $750 for your violation of § 226(f).
If I do not receive the requested records and payment of the penalty within 7 days of the date of this letter, I will file a lawsuit in superior court seeking:
• An injunction compelling production of the records
• The $750 statutory penalty under § 226(f)
• Additional penalties up to $4,000 for failure to cure
• Attorneys’ fees and costs under § 226(h)
• Any other relief the court deems just and proper
Please contact me immediately at [phone] or [email] to resolve this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
Statute of Limitations
| Claim | Statute of Limitations |
|---|---|
| § 1198.5 (personnel file violation) | Likely 3 years (wage claim SOL) |
| § 226(e) (inaccurate wage statements) | 3 years |
| § 226(f) (failure to provide records) | 1 year from date of violation (21 days after request) |
| § 98.6 (retaliation) | 6 months to file Labor Commissioner complaint; otherwise 3 years in court |
How I Can Help
I represent employees in enforcing their rights to access personnel files and payroll records under California Labor Code §§ 1198.5 and 226. I can assist with demand letters, Labor Commissioner complaints, and court litigation to compel production and recover statutory penalties and attorneys’ fees.
Services Offered
- Records request drafting: Professional demand letters citing the correct statutes and deadlines
- Follow-up enforcement: Escalation letters and statutory penalty demands when employer fails to comply
- DLSE complaint filing: Preparing and filing Labor Commissioner complaints
- Court litigation: Filing lawsuits for injunctive relief, statutory penalties, and attorneys’ fees
- Broader wage claims: Using the records to identify and pursue unpaid wages, overtime, commissions, or meal break violations
- Retaliation defense: Pursuing retaliation claims if you’re disciplined or fired after requesting records
Why Hire an Attorney for Records Requests?
While you can request records yourself, an attorney adds value by:
- Ensuring compliance: Employers take attorney-drafted requests more seriously and are less likely to ignore them
- Analyzing the records: Once produced, I review the records to identify wage violations (unpaid OT, inaccurate wage statements, etc.)
- Maximizing leverage: If the employer fails to comply, I can quickly escalate to litigation and recover penalties plus my fees
- Fee-shifting: Because attorneys’ fees are recoverable under § 1198.5(k) and § 226(h), you often pay little or nothing out-of-pocket
- Broader strategy: Records requests are often the first step in a larger wage claim or discrimination case; I help you see the big picture
📁 Need Your Employment Records?
Contact me for a consultation. I’ll draft your request, enforce compliance, and help you identify wage violations hidden in your records.
Email: owner@terms.lawFrequently Asked Questions
Yes. Former employees can request their personnel file within 3 years of termination. The employer has 30 days to comply. This is often a critical first step in wrongful termination or discrimination cases.
For personnel files (§ 1198.5), the employer can charge the actual cost of reproduction. For payroll records (§ 226(c)), the employer cannot charge you for the first copy. If you request multiple copies, they can charge for subsequent copies.
The employer cannot withhold documents that relate to your performance or grievances. Attorney-client privileged documents (e.g., legal advice about your termination) may be exempt, but the employer must identify them in a privilege log. If they refuse to produce key documents, you can file a motion to compel in court.
Current employees can request their personnel file once per year. Former employees can request it once after termination (within 3 years). For payroll records under § 226(c), the statute doesn’t limit frequency, but repeated requests without good reason could be deemed harassment.
California law requires employers to retain payroll records for 3 years (Labor Code § 1174) and personnel records for a reasonable period (often 3 years). If the employer destroyed or lost records they were required to keep, you can argue spoliation of evidence, which creates an inference that the records would have supported your claims. This can shift the burden of proof to the employer.
The statutes require a “written request.” Email satisfies this requirement. However, for proof of delivery and to start the statutory clock, it’s best to send via certified mail with return receipt and email a copy. This ensures you can prove the employer received the request and when the 21- or 30-day period began.