Bill > SB5345

This bill enhances employees' rights to access their personnel records by establishing clear guidelines for employers regarding personnel file requests. The bill defines "personnel file" to include job applications, performance evaluations, disciplinary records, leave records, payroll information, employment agreements, and other employer-designated documents. Employers must now provide a complete copy of an employee's personnel file within 21 calendar days of a request at no cost, and for former employees (defined as those who separated within three years), employers must provide a written statement within 21 days explaining the effective date and reasons for discharge. The bill also creates a new enforcement mechanism allowing employees to file a private legal action if an employer fails to comply, with escalating statutory damages ranging from $250 to $1,000 depending on the duration of non-compliance. Importantly, the bill does not require employers to create personnel records or establish a specific record retention schedule, and it does not override existing privacy statutes. Employees must provide a notice of intent to sue and allow five calendar days for the employer to respond before initiating legal action.

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https://app.leg.wa.gov/billsummary?BillNumber=5345&Year=2025&Initiative=false