Washington Employers – Time to Review Policies and Procedures Related to Personnel Files!
There are new compliance deadlines in effect in Washington related to personnel files, which means it is time for employers to review their policies and procedures related to personnel files.
In 2025, Washington State Legislature HB 1308 amended RCW 49.12.250 regarding employers’ obligations to respond to personnel records requests. It is critical that employers are aware of their new obligations regarding personnel files as the amendments to RCW 49.12.250 per HB1308 provide a private right of action and potential penalties if the employer fails to timely provide the personnel file or statements of discharge. “Timely” is now defined as within twenty-one days of a request from current employees and employees who have separated in the last 3 years. Employers shall make a copy of the file available at no cost.
The legislation that went into effect on July 27, 2025, and provided clarification as to what documents are considered part of the personnel files under RCW 49.12.240. Personnel files to which employees and former employees are entitled to an inspection include:
- 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
However, employers are not required to generate any personnel record listed under RCW 49.12.240 if the above listed records do not already exist as a part of the employers’ usual course of business. For discharged employees, employers are required to provide a signed statement about termination within 21 days if requested regarding the reasons for discharge if requested.
If an employer fails to allow an employee or former employee exercise their rights to inspect the personnel file or fails to provide a statement regarding the reason for a discharge, there is new cause of action for civil suits for the failure to respond. Employees must provide notice 5 days prior to filing suit for an employer’s failure to disclose the personnel files. Attorney fees and statutory damages are recoverable for each violation starting at $250 if the employer misses the 21-day deadline. Potential damages increase if records are not disclosed by twenty-eight calendar days to $500 and $1,000 if records are not disclosed within thirty-five calendar days.
New Administrative Policies related to these amendments were issued on January 21, 2026, to provide clarification on Employee Access to Personnel Records. You can find them here.
Employers should be cognizant of these changes and update their retention policies of personnel files to comply with future personnel file requests. Although the law does not require written requests, employers may implement policies requiring employees to make the requests in writing. Because employers are allowed to ask for a written request provided, they can create a reasonable policy accordingly so long as the policy does not create an unreasonable burden on the employee to access the personnel files. The department has not provided a mandatory retention policy, but the guidelines include the recommendation to retain personnel files for a minimum of three years after a discharge to allow for compliance with former employee access.
We at SBH recommend Washington employers review their personnel record policies to establish new policies for employee personnel files and compliance with personnel records requests. If you have any questions, reach out to me at 503-776-5420 or .
Posted by Kalina Lovell.
