Q: Am I allowed to see the results of an HR investigation I am involved in?

A: You have the right to review and make copies of the contents of your personnel file pursuant to the provisions of the State of California Labor Code. To the extent that the report of the investigation resulting from the complaint you made is in your personnel file, you have the right to request an opportunity to review it. Even if the report is not in your personnel file, since you made the complaint you should be able to review the results of the investigation.

If you are a union member, ask your union rep to help you. In any event, make an appointment with the appropriate person in the HR department to review the report issued upon the conclusion of the investigation.

A: Unless the company gets sloppy and puts its investigation notes into your general personnel file, you do not have a right to otherwise see those documents. Unless the employer is willing to share those documents with you voluntarily, which is highly unlikely, the only way you are going to see those documents is through formal discovery in a lawsuit.

HR investigation files are not considered part of your normal personnel file that the employer must give you access to. Often those files contain what the company considers to be highly confidential employee information.

I know this sounds strange, but the employer has no duty to tell you what it did to investigate a complaint, or what it did not resolve your complaint (assuming you were the complainant). The law simply requires the employer to take all reasonable measures to prevent further unlawful harassment from occurring.

If you are the complainant, your focus should be on whether the problem is resolved or not. If not, report immediately. If you are simply a witness, you have no rights with regard to seeing those investigation notes.

Good luck to you.