Tools / Letter
Records request letter
One email, three statutes, three clocks. Send this if you cannot find what you signed, or if you want your file before you decide anything.
Why this works
California gives you three separate hooks, and a single letter can use all three. Two of them carry a $750 penalty and a hard deadline. A written request with the statute named often gets routed differently inside a company than a casual ask.
| What you get | Statute | Their deadline | Penalty |
|---|---|---|---|
| A copy of anything you signed relating to getting or keeping the job | Labor Code 432 | On request | None in the statute |
| Payroll records | Labor Code 226(b), (c) | 21 calendar days | $750 under 226(f) |
| Personnel file | Labor Code 1198.5(b) | 30 calendar days | $750 under 1198.5(k) |
Two things to know before sending
As a former employee you are generally limited to one personnel file request per year under Labor Code 1198.5(d), so make this one complete. A Labor Commissioner claim for failure to provide records has a one-year filing deadline, which is shorter than most wage claims.
The letter
Send it by email from a personal address, to HR and to your named contact. Ask for confirmation of receipt. Keep a copy of what you sent and the date.
Subject: Request for employment records - [Your full name], [Employee ID if known] Dear [name / Human Resources], I am a former employee. My last day was [date]. I am writing to request copies of my employment records. I am sending this request in writing so there is a clear record of the date. 1. Under California Labor Code section 432, please provide a complete copy of every instrument I signed relating to the obtaining or holding of my employment, including: - my offer letter and any amendments - any confidentiality, proprietary information or invention assignment agreement - any arbitration agreement - my separation agreement and any supplemental or confirming release, as fully executed - every exhibit, schedule or document incorporated by reference into any of the above - any equity plan document and each individual award agreement - any policy acknowledgment I signed Please provide these in an electronic format I can open, save and print without access to any account or system controlled by the company or its vendors, delivered to the email address below. If any document was executed through an electronic signature service, please also include the certificate of completion or signing audit trail for each envelope. 2. Under California Labor Code section 226(b), please provide copies of my payroll records, including all itemized wage statements, for the full period of my employment. Section 226(c) requires compliance no later than 21 calendar days from the date of this request. 3. Under California Labor Code section 1198.5, please provide a copy of my personnel file and all records relating to my performance or to any grievance concerning me. Section 1198.5(b) requires compliance within 30 calendar days of this request. Please confirm receipt of this request today. If you believe any part of it is unclear or overbroad, please tell me which part and I will clarify rather than withhold the rest. I can be reached at this email address, and documents should be sent here. Thank you, [Your full name] [Personal email address] [Phone] [Date]
If you get no response
Send one short follow-up noting the dates. If the deadlines pass, you can file a claim with the Labor Commissioner using DLSE Form 1, the Initial Report or Claim. The one-year filing deadline for records claims still applies.
Subject: Follow-up - records request sent [date] Dear [name], I am following up on my written request for employment records, sent on [date]. Under Labor Code section 226(c), payroll records were due within 21 calendar days of that request, which was [date + 21 days]. Under Labor Code section 1198.5(b), my personnel file was due within 30 calendar days, which is [date + 30 days]. I would prefer to resolve this directly. Please let me know when I can expect the records, or tell me what is holding them up. Thank you, [Your full name] [Date]
A note on tone
Both letters are deliberately neutral. A records request is a routine administrative matter, and it reads best that way. Naming the statutes does the work.