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July 22, 2025
Washington State amended its personnel file law, effective July 27, 2025, to require private employers to provide personnel files to employees or former employees within 21 days of a request and to provide former employees with a statement, upon request, stating the discharge date and reasons for discharge. See 2025 WA H.B. 1308.
Current Law
Currently, the Industrial Welfare Act (IWA) requires an employer to allow an employee to inspect the employee’s own personnel file at least once per year. The employer must make the file available locally within a reasonable period of time after the employee’s request. The Department of Labor and Industries (DLI), which administers the IWA, interprets the statute to include former employees. The DLI also interprets “reasonable period of time” to mean within 10 business days.
The Amendments
Washington State amended the IWA to better define personnel files. Specifically, a personnel file includes the following records, if the employer creates such records:
Rather than simply allowing a current or former employee to inspect their personnel file, an employer now must provide a copy of a personnel file at no cost within 21 calendar days after the current or former employee (or their designee) requests the file.
Within 21 calendar days of receiving a written request from a former employee or their designee, an employer must furnish a signed written statement to the former employee stating the effective date of discharge and the reasons for the discharge. For purposes of this requirement, a “former employee” is a person who separated from the employer within three years of the date of the person’s request.
An employee or former employee may enforce the requirement for an employer to disclose a personnel record and/or provide a written discharge statement through a private cause of action, which may include equitable relief, statutory damages, and reasonable attorney’s fees and costs. Prior to bringing an action, the employee or former employee must provide to the employer a notice of intent to sue. An employee or former employee may not commence a lawsuit until five calendar days have elapsed since sending the notice.
The statutory damages for each violation are:
Takeaways
Employers in Washington State should review their policies and practices with respect to personnel file access to ensure compliance with the new law. Train Human Resources professionals on the new law, including how a “personnel file” is defined under the statute. For example, the statute does not allow an employee to receive records of pending disciplinary action.
In addition, employers should be sure to document termination decisions, as former employees can now request a statement of discharge up to three years after the termination of their employment.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
