The bill amends existing Washington state laws regarding employee access to personnel records, specifically RCW 49.12.240 and RCW 49.12.250. It mandates that employers must allow employees to inspect their personnel files annually upon request and provides a clear definition of what constitutes a "personnel file," which includes job applications, performance evaluations, disciplinary records, and other employment-related documents. Employers are required to provide copies of these files within 21 calendar days at no cost to the employee or former employee. Additionally, the bill establishes that former employees can request a signed statement regarding their discharge, including the effective date and reasons for the discharge.
Furthermore, the bill introduces a new section that allows employees and former employees to enforce their rights through a private cause of action in superior court if their requests for personnel files are not met. It outlines statutory damages for violations, which range from $250 to $1,000 depending on the timeliness of the employer's response. The bill also requires that a notice of intent to sue be given to the employer before legal action can be initiated, ensuring that employers have an opportunity to comply with the request before facing legal consequences.
Statutes affected: Original Bill: 49.12.240, 49.12.250
Substitute Bill: 49.12.240, 49.12.250
Bill as Passed Legislature: 49.12.240, 49.12.250
Session Law: 49.12.240, 49.12.250