Employees have had a right to review and add corrective information to their personnel files since 1985, but the statutes granting these rights were lacking in detail. A 2002 administrative policy (ES.C.7) addressed some of these issues, but it was not well-known to most employers or employees. Recent amendments to Chapter 49.12 RCW that go into effect on July 27, 2025, provide some clarity.

OVERVIEW OF THE LAW, AS AMENDED

• If employees make a written request, employers have 21 days to make the employee’s own personnel file available for inspection at least annually.
• Employers must provide a copy of the personnel file(s) to the employee or their designee at no charge within 21 days of a written request. This requirement also applies to requests from former employees that are made within 3 years after they separate from employment.
• If the employer is a government agency covered by the Public Records Act (PRA), then the procedures and requirements of the PRA apply to providing the copy of the personnel files.
• Employees may annually request that their employer review information in the employee’s personnel file that is part of the employer’s business records or that may be given out in response to reference requests and remove any irrelevant or erroneous information. If the employee disagrees with the employer’s determination, the employee is entitled to have a statement containing the employee’s rebuttal or correction placed in the file.
• Employers must provide former employees or their designees with a signed written statement that includes the effective date of the discharge, whether the employer had a reason for the discharge, and if so, the reasons for the discharge, within 21 calendar days of receiving a written request.
• Employees can sue their employers for failing to comply with the law.

New Statutory Definition of “Personnel File”

Previously, Administrative Policy ES.C.7 defined “personnel file.” The amendments to RCW 49.12.240 adopt a different definition. Under the amendments to RCW 49.12.240, “personnel file” is defined to include the following records, if the employer creates such records:

• All job application records
• All performance evaluations
• All nonactive or closed disciplinary records
• All leave and reasonable accommodation records
• All payroll records
• All employment agreements

However, the law does not require employers to create a retention schedule for records, create personnel records, or supersede Washington state or federal privacy statutes regarding nondisclosure.

“Reasonable Time” for Responding is Changed to 21 Calendar Days

Previously, records had to be provided within a reasonable time, which was defined by Administrative Policy ES.C.7 as “ten business days of the employee’s request unless good cause is shown that more time is needed.” RCW 49.12.250 has replaced “reasonable period of time” with 21 calendar days.

Written Statement of Discharge

Previously, WAC 296-126-050 was the only generally applicable requirement for providing a reason for discharge to employees. It requires employers to “furnish a signed written statement stating the reasons for and effective date of discharge” within 10 business days. The amendment to RCW 49.12.250 provides for a longer time to respond (21 calendar days) and does not require employers to give a reason for discharge if they don’t have a reason, such as employees who are discharged at-will.

New Employee Right to Sue

Employees have a new right to sue their employers for failing to provide personnel records. Employees are entitled to statutory damages, attorneys’ fees, and equitable relief, including court-ordered compliance with the requirement to provide personnel files. Before filing suit, employees must give notice of intent to sue. The notice of intent to sue may be provided to the employer with the initial request for a copy of the personnel file or anytime thereafter. The notice must reference that the employee or former employee has the right to bring a legal action under Washington state law, and the employee cannot sue the employer for failing to provide the complete personnel file until 5 calendar days have passed after the notice of intent to sue is provided to the employer. The statutory damages that employees are entitled to receive vary, with the amount increasing with the number of days of non-compliance.

Comparison to ES.C.7 and WAC 296-126-070

Due to the changes to RCW 49.12.240 and RCW 49.12.250, portions of ES.C.7 and WAC 296-126-070 are no longer accurate in the guidance they provide, and they should not be relied on until they are updated to reflect the changes to RCW 49.12.240 and RCW 49.12.250.

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This article is a brief overview of a complex subject and should not be relied on for any purpose and does not constitute legal advice. If you have any questions, feel free to contact Karen Sutherland ([email protected]), or any other attorney of the Ogden Murphy Wallace, P.L.L.C. Labor and Employment Group. Written by OMW Summer Associate Shi Ya Neill, in collaboration with OMW Member Karen Sutherland.