Q: are employee files private

A: Your employer has no legal duty to tell you if another employee has been disciplined, or what that discipline was. Good luck to you.

A: Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and discussed by other employees.

A: In California, employee files are considered private and are protected under state privacy laws. This means that your employer is not typically required to disclose information about another employee’s disciplinary actions. Each employee’s records are confidential and can only be accessed by authorized personnel within the company.

If you inquire whether another employee received the same treatment, your employer can decline to provide that information. They must ensure that all employee records remain secure and are not shared without proper authorization. This policy helps maintain a respectful and private workplace environment for everyone.

However, there are exceptions if the disclosure relates to a legal matter, such as a discrimination or harassment claim. In such cases, some information might be shared as part of an investigation. It’s important to consult with a legal professional if you believe your situation involves potential discrimination or requires further clarification under California employment laws.