Under Washington State laws, does an employee have a right to inspect their own personnel file? Here’s my point of view.
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RELEVANT LAW
According to Washington State law: “Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of his or her own personnel file(s).” RCW 49.12.240.
DEFINITIONS
For purposes of this article–and pursuant to the Washington State Industrial Welfare laws–the following definitions for “employer” and “employee” apply:
[DEFINITION OF EMPLOYER]
…
(b) On and after May 20, 2003, ‘employer‘ means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with:
(i) Any state statute or rule; and
(ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
RCW 49.12.005(3)(b), (4) (paragraph formatting and hyperlinks added). The definition of “employee” follows:
[DEFINITION OF EMPLOYEE]
…
(4) “Employee” means an employee who is employed in the business of the employee’s employer whether by way of manual labor or otherwise. “Employee” does not include an individual who is at least sixteen years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW.
RCW 49.12.005(4) (paragraph formatting and first hyperlink added).
CONCLUSION
Under Washington State laws, an employer must allow an employee to inspect their own personnel file upon request. Such inspections may occur at least annually.
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