On May 13th Governor Ferguson signed SHB 1308, which changes how and when employers must provide personnel files to employees, effective July 27, 2025. Below are the key provisions:
- Employees, former employees (those who separated within three years of the request date), and their designees can ask for personnel records.
- Personnel records (if created by the employer) include all: job application records, performance evaluations, nonactive or closed disciplinary records, payroll records, and employment agreements.
- Private employers have 21 calendar days to provide a copy of the file(s), at no cost to the employee, former employee, or their designee.
- If an employer receives a written request by a former employee or their designee, it must provide a signed written statement to the former employee or their designee with the effective date of discharge and reasons, if any, for the termination. The employer must do so within 21 calendar days of receiving the request. This is similar to an existing regulation that requires the employer to send a letter with termination date and reasons within 10 days.
- An employee or former employee may file a private legal action to enforce the above provisions 5 days or more after giving the employer notice of the right and intent to sue. This notice can be included with the initial personnel file request or at any time after. For each violation found, an employer is liable for equitable relief, statutory damages ranging from $250 to $1,000, and attorneys’ fees and costs.
Currently, employees and former employees have the right to view (not receive) their files at least once per year. When an employee requests their personnel file, the employer must “make such file(s) available locally within a reasonable period of time,” which is generally considered 10 days. Existing law doesn’t require employers to send a copy of the personnel file, mandate the types of records that must be considered part of an employee’s file, or provide any enforcement teeth, but all of that will change under the new law.
Tips: It’s time to review your policies and practices regarding personnel records. First, make sure your personnel files include all the records noted above, if those records exist (you don’t need to create records if you don’t already have them). If you keep payroll records separate from the personnel records to maintain confidentiality, you should continue keeping them separate but be prepared to include those records in response to a personnel file request. Also, be prepared to send the records within 21 days to avoid the threat of legal action.
We are in the process of updating our Legal Guide, Employee and Third-Party Access to Personnel Records to reflect the new requirements, including what should be in personnel records, who can request files or termination statements, and when to respond. In the meantime, if you have any questions about how to answer an employee, former employee, or attorney’s request for a personnel file or reasons for termination, call your Vigilant Law Group employment attorney.
This article has been revised to reflect the following correction:
Correction: July 22, 2025
“Leave and reasonable accommodation records” have been added to the list of files in the second bullet. The second bullet was also clarified to say that the list of files refers to items that must be disclosed in response to a request for personnel records. Also, the first paragraph of the tips was updated with a caution regarding ADA confidentiality considerations for medical records, plus minor edits for consistency and a reminder of the effective date of the law.
We’ll be covering this topic in Part I of our “Washington’s New Employment Laws” webinar series, on July 16, focusing on laws taking effect this July. Register now, and keep an eye out for an invitation to Part II, coming in October, which will cover laws taking effect on or after January 2026.
