Terminating the Employment Relationship

Before addressing what language an employer should include in a settlement agreement containing a provision that provides for sealing personnel documents, it is important to understand which documents are required to be disclosed by law.

1. D ISCLOSURE

a. Public Records The California Public Records Act 344 (“PRA”) requires a public agency, upon request, to disclose “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency, regardless of physical form or characteristics.” 345 The general principle of the PRA is that “public records are open to public inspection at all t imes during the business hours of the state or local agency.” 346 However, the right of public access to “public records” is not without limitations. The PRA exempts from disclosure personnel, medical or similar files (e.g. personnel evaluations, home address, social security number, medical history) when disclosure of such files would constitute an unwarranted invasion of personal privacy. 347 There are, however, certain personnel records and information that must be disclosed. Accordingly, any provision in a settlement agreement that attempts to circumvent mandatory disclosure under the PRA will be unenforceable.

The following are examples of personnel records that do not constitute an unwarranted invasion of personal privacy and must be disclosed .

Names, job titles and salaries of high-ranking employees (i.e. employees who make over $100,000 per year); 348 Salary ranges of unidentified employees; 349 Employment agreements; 350 Severance agreements; 351 Names of employees granted a criminal conviction exemption to work at a licensed day care facility; 352

Address of record for state-employed physicians; 353 Names of police officers who fired shots at a citizen; 354

Letters which appointed and then rescinded the appointment of an individual to a city position; 355 and Certain disciplinary records that reflect allegations of a substantial nature (alleged sexual or violent conduct). 356

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 114