Keeping Personnel Records Private

Improperly releasing personnel information can result in liability. The right to privacy guaranteed by the California Constitution protects employee personnel files from improper disclosure to third parties.¹ Ensure that personnel records are kept private and access to the records is limited to those persons in your company with a legitimate business need.

An employee can waive the privacy of their own personnel records by authorizing the release of personnel information to a third party, such as their union.² When a former employee sues you for wrongful discharge, failure to promote, a disciplinary action or other employment decision, the court generally holds that the employee has placed their employment