Question: We’ve been seeing an uptick in personnel file requests from attorneys and employees. The attorney requests keep coming from the same firms, and the employee requests are worded in language that doesn’t sound like their own. Should we be doing anything special when we respond to these requests?
Answer: Yes, respond with care and use these as motivation to check your wage and hour compliance.
Since July 2025, Washington employees (including former employees who left within the past three years), and their designees have had the right to receive a copy of their personnel files within 21 calendar days, at no cost, as we previously reported. Before that, employees only had the right to review their personnel files.
It’s no surprise that the expanded access granted by the 2025 law is resulting in more requests, but two other trends are driving recent increases. First, a small number of highly litigious plaintiffs’ firms are requesting files on behalf of individuals as they build wage and hour class actions in Washington. These cases have exploded recently and the newly available payroll records are a natural starting point for plaintiffs’ attorneys. Second, it’s now very easy for employees to use artificial intelligence (AI) tools to make requests that sound increasingly polished, citing the law and using legal terms.
Here’s how to respond when you receive a request:
- Treat every request the same, regardless of the source: Handle an employee’s personal email with the same care as a formal letter from a law firm.
- Start the clock right away: Mark the due date on your calendar to provide the records no later than 21 calendar days from the date of the request. Route all requests to a central person or group within HR so you’re efficient and consistent.
- Get authorization in writing if the request comes from an attorney or other third party: If a request from anyone other than the employee doesn’t include an authorization for you to release the records, ask for one in writing, signed by the employee and naming the recipient (such as the law firm making the request).
- Gather the information that must be provided: To the extent you created these records, Washington requires you to provide job application records, performance evaluations, nonactive or closed disciplinary records, leave and reasonable accommodation records (although note that for reasons of confidentiality under the Americans with Disabilities Act (ADA), any records containing medical information should be stored separately from the personnel files), payroll records (if requested for up to three years and including specific details), and employment agreements. For a full review of the requirements, see the Washington section on pages 12-14 of our Legal Guide, Personnel Files and Access to Employment Records.
- Retain proof of what was sent and proof of delivery: Keep a copy of what was provided, along with proof of when and where it was delivered.
- Use these as motivation to check your wage and hour practices: We recommend treating any personnel file request, especially from a law firm, as a possible first step toward a wage and hour class action. This means you should use them as an opportunity to review your compliance, particularly around meal and rest periods. See our Legal Guides, Breaks and Meal Periods—Washington and Breaks and Meal Periods—Washington Agricultural Employees, for a full review of the requirements.
If you are a Washington manufacturer—or a partner to one—you may be eligible for Vigilant membership, giving you ongoing, direct access to a dedicated Vigilant Law Group employment attorney for guidance on issues like this and much more. With unlimited access, you can address HR and employment issues early on before they get costly. Reach out today to check your eligibility.
