If you live or work in Washington State, there’s important news about your rights as an employee. In 2025, the Washington State legislature passed Substitute House Bill 1308, a major update to the Washington state personnel file law that expands your ability to access and correct the information in your personnel records. Whether you’re currently employed or you’ve recently left a job, this law gives you more control over your employment file and helps ensure fairness in how your work history is recorded. Below, we break down what this law means in plain terms so you can make the most of your rights.
You Can Get a Copy of Your Personnel File (Within 21 Days, for Free)
Under the updated Washington personnel file law, all employees, including former employees who left a job within the last three years, now have the right to request a full copy of their personnel file. Employers must provide it within 21 calendar days, and they can’t charge you for printing, mailing, or emailing it.
Previously, you could only inspect your file at the workplace with no timeline required for access. Now, you can get a full copy sent directly to you, simply by making a request.
To make the process smoother:
- Send your request in writing (email is fine).
- The 21-day countdown starts the day your employer receives your request.
- You can authorize someone, like an attorney, union rep, or even a family member, to request or pick it up on your behalf.
Public employees: If you work for a government agency in Washington state, your records request will go through the state’s Public Records Act instead. But you still have a right to those same personnel records just through a different legal channel.
What’s Included in Your “Personnel File”?
Wondering what you’ll receive when you request your file? The updated state personnel file law provides a clear definition, so there’s no confusion. Your personnel file generally includes the following:
- Job application materials – resume, application forms, cover letters
- Performance reviews – any written evaluations of your job performance
- Disciplinary records – including any closed or resolved write-ups or warnings
- Leave and accommodation records – FMLA forms, disability accommodations, etc.
- Payroll records – pay stubs, hours worked, wages, and compensation details
- Employment agreements – contracts, non-competes, offer letters, commission terms
- Miscellaneous personnel documents – anything your employer normally keeps in employee files, such as training certificates or commendations
If the document exists and is kept as part of your file, you have a legal right to receive it. However, the law doesn’t require employers to create records they don’t already maintain.
Former Employees Can Get a Reason for Discharge in Writing
One of the most valuable updates to Washington’s employment laws is the right for former employees to receive a written explanation of why they were terminated.
If you’re a former worker and want to understand the reason for your discharge, you can request a written statement. Your ex-employer is legally required to send a signed letter that includes:
- The official date of your termination
- The reason for the termination (or a statement that no reason was given)
This written explanation must be provided within the same 21-day timeframe as your personnel file request. It’s a critical tool if you’re applying for a new job and want clarity or if you suspect you were terminated unfairly.
How to request it: Send a written request to HR that says something like, “I am requesting a written statement of the effective date and reason for my termination, pursuant to RCW 49.12.250.”
You Can Review Your File Annually and Fix Mistakes
As an employee in Washington, you’re not just entitled to see what’s in your file; you’re allowed to keep it accurate.
Once a year, you can review your personnel file and ask your employer to correct any:
- Irrelevant information
- Mistaken entries
- Records that are no longer accurate or applicable
For example, if a disciplinary note was later overturned, or a performance review includes inaccurate dates, you can request that those be removed or corrected.
If your employer disagrees with you, you still have a powerful right: you can submit a written rebuttal statement. This lets you tell your side of the story, and the employer must include your rebuttal in the official file. Anyone who later reads your file, whether it’s another HR rep, legal counsel, or a future employer, will see your explanation alongside the original record.
You can go through this review-and-rebut process once per year while employed. It’s a smart habit to build into your professional life, especially if you’re preparing for a promotion or planning to change jobs.
Former Employees Can Correct the Record (For 2 Years After Leaving)
Even after you leave a job in Washington State, you still have the right to correct your personnel file; for up to two years post-employment.
Let’s say you request your file and notice something concerning: a misleading note or disciplinary action you disagree with. You can submit a written rebuttal or correction, and your former employer must attach it to your file, just as they would for a current employee.
This is particularly helpful if you’re job hunting and concerned about how your work history might be presented in background checks or reference calls. By getting your side of the story on the record, you protect your professional reputation.
Time limits to know:
- You can request your file if you left the job within the past three years
- You can submit corrections for up to two years after leaving
Acting promptly ensures you retain these rights. Don’t wait too long; after three years, employers are no longer legally required to respond to file requests.
What Happens If Your Employer Doesn’t Comply?
The law includes enforcement measures to make sure employers in Washington follow the rules. If your employer fails to respond within 21 calendar days or refuses to comply, they could face real legal consequences.
Here’s what the Washington personnel file law allows:
1. Private Lawsuit
You can take legal action by filing a lawsuit in Washington superior court. The law gives both current and former employees the right to sue if they’re denied access to their records or a discharge statement.
2. Written Notice (5-Day Rule)
Before suing, you must send the employer a written notice saying you intend to take legal action. You’ll then wait five calendar days. This step gives them one last opportunity to comply.
3. Statutory Damages
If the employer still doesn’t comply and you win in court, the penalties increase depending on how late they are:
- 22–28 days late: $250
- 29–35 days late: $500
- 36+ days late: $1,000
Each failure to comply, such as not providing the file and not giving a termination reason, counts separately. There’s also a $500 penalty for any additional violations, like charging a fee or refusing to include your rebuttal statement.
4. Attorney’s Fees
If you win, the employer must also cover your attorney’s fees and court costs. This makes it easier for workers to take legal action without worrying about the cost.
These penalties give Washington employees the legal backing needed to ensure transparency and fairness in their personnel records.
Take Action: Use Your Rights (And Don’t Be Afraid to Ask for Help)
If you live or work in Washington, this law is here to help you take control of your employment history. Knowing what’s in your file, and correcting anything that’s wrong, can protect your career and your reputation.
Don’t wait until there’s a problem. Make it a routine to request your personnel file, especially if you’ve recently changed jobs, faced discipline, or were let go.
If you’re unsure how to make a request, write a rebuttal, or handle a delay from your employer, reach out to a Washington employment attorney. Many offer consultations and can guide you through the process or step in on your behalf.
Bottom Line:
The 2025 Washington state personnel file law is a win for transparency, accuracy, and fairness in the workplace. Whether you’re currently employed or recently left a company, you have the right to know what’s in your file, correct it, and take legal action if needed. It’s your employment story; make sure it’s told accurately.