[Date]
[Employer Name]
[Business Name]
[Employer Address]
Re: Employment Records Request
Dear [Mr./Ms Employer:]
I was formerly employed with [Business Name] between approximately [Date] and [Date]. The purpose of this letter is to request my employment records. An employer’s duty to maintain these records and comply with this request is regulated by the California Labor Code (“Labor Code”) and the relevant Industrial Welfare Commission Wage Order (“Wage Order”).
Time and Pay Records
Labor Code § 226 and subject Wage Orders require that employers keep the following information on file for each employee for a minimum of three years:
- The employee’s dates of employment.
- The employee’s hourly rates and the corresponding number of hours worked by the employee at each hourly rate.
- When the employee begins and ends each work period (including meal periods and split shift intervals).
- Total hours worked by the employee.
- All deductions.
- Gross wages earned.
- Net wages earned.
Labor Code § 226 further states that, upon reasonable request, the above information is to be made available to a former employee for copy or inspection “as soon as practicable, but no later than 21 calendar days from the date of the request.” An employer’s failure to comply within this timeframe entitles a current or former employee to recover a seven hundred fifty dollar ($750) penalty from the employer.
Personnel Records
In addition to their right to time and pay records, employees, and their representatives, have the right to inspect and receive a copy of their personnel files pursuant to Labor Code § 1198.5. This statute applies to both former and current employees. Section 432 of the Labor Code further specifies that employers must furnish copies of all employment records bearing the employee’s signature.
Labor Code § 1198.5 also requires that the file be made available within a “reasonable” amount of time, “but not later than 30 calendar days from the date the employer receives a written request.” An employer’s failure to comply within this timeframe likewise entitles a current or former employee to recover a seven hundred fifty dollar ($750) penalty from the employer.
Compliance with this Request
By this letter, I request that you make available all of my time and pay records and personnel records covering the duration of my employment with your company. Please be aware that it is unlawful to destroy or alter records that may be used in litigation, including but not limited to time and personnel records.
Please send the records described above immediately. The records should be addressed to me and mailed to:
[Your Address]
Thank you for your attention to this matter.
Sincerely,
[Your Name]