[CA] [CA] Can my employer withhold anything in my personnel file?

Lexi, Chatbot

I’m sorry to hear about your situation. Were you classified as an independent contractor throughout your employment?

Lexi, Chatbot

Did you receive any written documentation regarding your termination and the reasons for it?

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your termination issue.

PaulmoJD

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They terminated you for exercising your right to question being misclassified?

PaulmoJD

As I have tried to engage you and have not heard back from you, here is the general answer to your question. 

PaulmoJD

When you make a request under California Labor Code §1198.5, the employer is required to provide you with a copy of your personnel file and records relating to your performance or any grievances filed against you. Typically, this includes things like your application, payroll records, evaluations, disciplinary notices, complaints made against you, and termination documents.

However, it usually does not include internal legal analyses, compliance reviews, or privileged communications the company generated in response to your misclassification complaint. If, for example, HR or legal conducted a “compliance analysis” after you raised concerns about being misclassified as a 1099, that would likely be considered an internal investigative or legal document.

PaulmoJD

Employers can withhold such materials on the basis of attorney–client privilege or work-product protections, and they are not normally considered part of the “personnel file” under the statute.

That said, if your complaint triggered any written warnings, performance notes, or investigative records specifically about you, those may be included if the company treats them as part of your personnel records.

You won’t generally get the employer’s behind-the-scenes evaluation of whether they were in compliance with California’s independent contractor laws.

Please let me know whether or not you have any additional questions about this issue for me today. If you need more details, please let me know what you would like me to expand on and I will gladly do so. If everything is clear and you don’t need any further information, please give me the courtesy of letting me know that as well.

PaulmoJD

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.