An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

however, that, similar to medical files, schools retain the original forms separate from the rest of the personnel file, so that if the Department of Homeland Security (DHS, formerly Immigration and Naturalization Service, or INS) or the Department of Labor (DOL) inspects them, they can do so without breaching the confidentiality of other unrelated information in the personnel file. H. E MPLOYEE ’ S R IGHT T O D ISPUTE T HE C ONTENTS O F P ERSONNEL F ILES 1. O VERVIEW A school’s desire to maintain control or the confidentiality of an employee’s personnel file should not override the school’s duty to maintain accurate records. Schools should permit employees who question the accuracy of records in their files to correct and/or amend those records if they are inaccurate. Schools should include any corrections or amendments made in the file itself. If the school rejects an employee’s requested correction or amendment, the school should incorporate the employee’s comments regarding the dispute into the personnel file. 2. E MPLOYEE ’ S R IGHT T O N OTICE A ND O PPORTUNITY T O C OMMENT A BOUT E NTRY Good personnel practice dictates that when a supervisor or manager intends to issue a memorandum that an employee could interpret as negative or adverse, e.g., a written reprimand, the school should give the employee notice and an opportunity to respond in writing prior to placement of this document in the employee’s personnel file. The law requires this with respect to public school district and community college employees. 257 Although private schools are not legally required to provide their employees an opportunity to examine, correct or comment on information in personnel files, doing so may bolster employees’ perception of the school’s fairness towards its employees. I. R IGHT T O I NSPECT A ND R ECEIVE A C OPY O F T HE P ERSONNEL F ILE California law also provides a current or former employee, or the employee’s representative, the right to inspect and receive a copy of the employee’s personnel file and any other records that relate to the employee’s performance or to any grievance concerning the employee. 258 Schools must allow inspections at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request. However, schools may extend this deadline to 35 calendar days if the school and employee agree to the extension in writing. 259 With regard to current employees, schools must make personnel files available for inspection, and, if requested, provide a copy: (1) at the place where the employee reports to work, or (2) at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted. 260

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