Requesting Washington Personel Records

Washington law requires employers to provide employees or former employees with a copy of the employee’s personnel file within 21 calendar days of a request. The copy must be provided at no cost.

Washington law now defines “personnel file” to include the following records:

• All job application records;

• All performance evaluations;

• All nonactive or closed disciplinary records;

• All leave and reasonable accommodation records;

• All payroll records; and

• All employment agreements.

The employer does not have to create new records if any of these records do not exist. For former employees, the right to request a personnel file applies if the person separated from the employer within the last three years. A former employee may also make a written request for a signed statement stating the effective date of discharge, whether the employer had a reason for the discharge, and, if so, the reasons for discharge. The employer must provide that statement within 21 calendar days.

When making a request for personnel records, we usually keep it short and to the point. Here is an example:

Dear Company:

I am requesting a complete copy of my personnel file pursuant to RCW 49.12.240 and RCW 49.12.250. Please provide the file within 21 calendar days, at no cost.

This request includes, but is not limited to, all job application records, performance evaluations, nonactive or closed disciplinary records, leave and reasonable accommodation records, payroll records, and employment agreements, wherever such records may be stored.

I also request a signed written statement stating the effective date of my discharge, whether the employer had a reason for the discharge, and, if so, the reasons for discharge.

If any records are withheld, please identify the records withheld and the reason for withholding them.

You can email the records to me at name@domain.com or mail them to the following address:

Name
Address
City, State Zip

Sincerely,
Name

Washington law gives employees and former employees a right of action if an employer fails to comply. Before filing suit, the employee must give the employer a notice of intent to sue, and a lawsuit for failure to provide the complete personnel file cannot be filed until five days after that notice. Statutory damages start at $250 if the complete personnel file or discharge statement is not provided within 21 calendar days, increase to $500 after 28 calendar days, and increase to $1,000 if provided later than 35 calendar days.

Public employers are treated differently because they must provide personnel records in accordance with Washington’s Public Records Act. Washington law also excludes some records, including records relating to investigation of a possible criminal offense and certain records prepared for an impending lawsuit.

Munsinger Law advises and represents employees in employment and civil rights disputes in Oregon and Washington.