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Under existing laws, Washington employees have been entitled to review their personnel files annually, but there were no formal requirements regarding the records employers had to maintain in personnel files or the timeframe in which the records had to be provided.
Starting July 27, 2025, the law specifically states that a personnel file includes 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; and
- All employment agreements.
While employers were previously only required to allow for review of personnel files, they must now provide a copy of personnel files within 21 calendar days after an employee, former employee, or their designee requests the file. Employers are prohibited from charging for the records.
The law also confirms former employees' rights to information about their termination. If a former employee or their designee requests it, employers must provide a signed written statement stating the effective date of discharge, whether the employer had a reason for the discharge, and if so, provide the reasons for the discharge. Employers must also comply with this request within 21 calendar days.
Former employees are defined as those who have separated from the employer within three years of the date of the person's request.
Importantly, the law now provides a private cause of action for employees or former employees to enforce the requirements that employers provide copies of personnel files. Before an individual brings a claim, they must provide five days' notice of their intent to sue; however, this notice may be included with the initial request for records.
The law includes a reasonable attorneys' fees and costs provision, as well as statutory damages for each violation as follows:
- $250 if the complete personnel file or written statement on termination are not provided within 21 calendar days of the request;
- $500 if the complete personnel file or written statement on termination are not provided within 28 calendar days of the request;
- $1,000 if the complete personnel file or written statement on termination are provided later than 35 calendar days after the request; and
- $500 for any other violations.
Employers should review their record-keeping policies and ensure that they respond to requests within the appropriate timeframes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
