Updates to Washington’s Law Governing Personnel Files
Effective July 27, 2025, Washington State amended portions of the statutes regarding access to personnel files, as enacted through Substitute House Bill (“SHB”) 1308. These amendments provide clarity about what must be included in a personnel file, the amount of time employers have to respond to written requests, and recourse for employees when an employer does not comply in a timely manner, among other changes.
Prior to July 27, 2025, RCW 49.12 et seq. failed to define what must be included in a personnel file or how long an employer had to provide the file to the employee, leaving employees and employers to rely on the Washington State Department of Labor and Industries (“L&I”) to interpret these requirements. Before amendment, RCW 49.12.240 merely stated that employers must, upon request, allow an employee to inspect their own file. See RCW 49.12.240 (1985) (amended 2025). Additionally, RCW 49.12.250 provided a “reasonable period of time” for employers to comply with the request. RCW 49.12.250 (1985) (amended 2025). L&I interpreted the contents of a personnel file broadly and limited employer response time to 10 business days. Further, the previous iteration of RCW 49.12 et seq. provided no cause of action for employees when an employer failed to provide the personnel file within a reasonable time of a written request. In that case, an employee could only file a complaint with L&I, and L&I would order the employer to furnish the file after an investigation.
The newly amended law offers much needed clarity on these ambiguous terms. The law now defines “personnel file” to include:
“(a) All job application records;
(b) All performance evaluations;
(c) All nonactive or closed disciplinary records;
(d) All leave and reasonable accommodation records;
(e) All payroll records; and
(f) All employment agreements.”
RCW 49.12.240(2).
This clarification helps to protect employees who believe they suffered a wrongful negative employment action as it prevents employers from providing an incomplete personnel file. This can show evidence of any prior negative employment actions—or lack thereof—to support claims such as retaliation and wrongful termination.
The law, as amended, also provides clarification for the reasonable timeframe employers have to provide the file. Employers now have 21 calendar days from the date of a written request to provide employees with their personnel file. RCW 49.12.250(1)(a). This extended deadline gives employers enough time to ensure completeness of the file, and it gives employees a firm expectation of when the employer should provide the file. In the case of termination, the statute now also provides employees the right to submit in writing a request for a written statement of the effective date of the employee’s discharge, whether the discharge was for cause, and if so, the reasons for the discharge. RCW 49.12.250(1)(b).
Where employers suffered little to no repercussions for noncompliance prior to the amendment, the law now provides employees with a private cause of action and statutory damages. Employees may now enforce compliance with the statute in superior court. RCW 49.12.261(1)(a). If successful, the employee may be entitled to “equitable relief, statutory damages, and reasonable attorney’s fees and costs.” Id. Statutory damages start at $250 if the personnel file is not provided within 21 days of the written request and can go as high as $1,000 if not provided within 35 days. RCW 49.12.261(2).