California employers must keep complete personnel files, including signed acknowledgments, disciplinary and grievance-related records, performance reviews, and education and training records. State law gives current and former employees the right to inspect and copy records related to job performance, education and training, and grievances.  Strong file practices enable employers to respond quickly and reduce risk.

Avoid these common mistakes:

1. Don’t mix medical information

Store medical records, e.g., doctor’s notes, accommodation requests, and leave of absence certifications in a separate confidential file.

2. Don’t include I-9 forms

Keep I-9s in a separate file to limit access to unrelated records during inspections or audits.

3. Don’t leave investigation materials in personnel files

Maintain investigation notes, witness statements, and related materials in a separate, secure file to protect confidentiality and preserve any applicable privilege.

4. Don’t document inconsistently

Document all performance and disciplinary issues consistently. Gaps and inconsistencies can undermine subsequent employment decisions.

5. Don’t record only negative performance

Document both positive and negative performance to build a complete, credible record.

Take-Aways:

Audit personnel files periodically for organization, completeness, and compliance. Maintain separate files for medical records, I-9s, and investigation materials. Since recordkeeping rules vary, retain personnel records for at least four years or longer if claims or disputes occur in the interim. Respond to file requests on time, and consult legal counsel as needed.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

   • Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)

    • Personnel Records Access - Employee Rights Expanded (November 7, 2025)

    • Preservation Salvation (April 27, 2023)

Cindy Bamforth

April 9, 2026

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