Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel file” in the first place. As a result, Washington employers are left to rely on broad guidance published by the Washington Department of Labor and Industries (“Department”) to fill in the gaps. That is about to change. 

On May 13, 2025, Governor Bob Ferguson signed into law Substitute House Bill (SHB) 1308 to amend Washington’s Industrial Welfare Act. These updates incorporate much-needed guidance for employers when it comes to employee requests for personnel files and termination information. These changes take effect on July 27, 2025. 

Amendments to RCW 49.12.240: Definition of a “Personnel File”

Revised Code of Washington chapter 49.12.240 will now define a “personnel file” to include the following records:

• All job application records;
• All performance evaluations;
• All nonactive or closed disciplinary records;
• All leave and reasonable accommodation records;
• All payroll records; and
• All employment agreements. 

Notably, this differs from current Department guidance, which defines a personnel record to include a broad array of documents, including “records of employment and such other information required for business or legal purposes; documents containing employees’ qualifications; verification of training completed; signed job descriptions; supervisor’s files; all performance evaluations, letters of commendation and letters of reprimand; salary, sick and vacation leave hours; and summaries of benefits and other similar information.” The new statute significantly pares down this list to include a more tailored, specific definition of applicable records. 

Washington law still allows employers to omit certain documents from a personnel file – namely, records of investigations into possible criminal offenses, or documents compiled in preparation of a lawsuit that are not otherwise available in litigation. Nor does this new definition of a personnel file require employers to create records that employers do not currently have, or supersede state or federal privacy statutes regarding nondisclosure. 

We anticipate that the Department will issue clarifying guidance on these updates, but until then, certain questions remain. For example, while the updated definition requires “accommodation records” to be incorporated as part of an employee’s personnel record, it remains unclear how this requirement is intended to interact with federal law, which requires that certain records – such as medical records – be maintained separately from an employee’s personnel file. 

Amendments to RCW 49.12.250(1): Requests for Personnel Files and Termination Information

SHB 1308 will now require private employers to actually provide a copy of the personnel file to current and former employees (including requests by “designees”) – at no cost to the requestor – within 21 calendar days after a request.¹ Public employers are required to provide a copy of the personnel file upon request by a current or former employee (or their designee) in accordance with the Public Records Act. For purposes of this statute, a “former employee” includes one who separated within three years from the date of the personnel file request.

Similarly, an employer must also provide a signed written statement to a former employee or their designee stating the effective date of discharge, whether there was a reason for the employee’s discharge, and if so,  the reasons within 21 calendar days of an employee’s written request. 

An Employee’s Ability to Inspect Their Personnel File

The law remains unchanged when it comes to a current or former employee’s ability to annually (1) petition an employer to review their personnel file, determine if it contains any irrelevant or erroneous information, and remove such information and (2) include a rebuttal or correction in that file should they disagree with the employer’s determination. Employers must now allow the employee to inspect their personnel file within 21 days of their request. 

Private Right of Action

SHB 1308 now provides a private right of action if an employer fails to comply with the new requirements to provide personnel file documents or termination information within 21 days of the request. Affected individuals may obtain equitable relief, statutory damages ranging from $250 to $1,000, as well as reasonable attorneys’ fees and costs. 

However, a current or former employee may not bring such an action until five calendar days after providing the employer a notice of their intent to sue. The new statutory updates allow employees to include this notice with their initial personnel file request, yet the statute remains unclear as to whether the employee may sue within the 21-day response period. 

Next Steps for Employers

Washington employers should ensure that their policies and practices are aligned with the new requirements of SHB 1308 in advance of the law’s July 27, 2025 effective date. Moreover, employers should ensure that each category of personnel file documents are included in employee personnel records to the extent they are maintained by the employer, and streamline procedures for timely handling and responding to requests for personnel files and statements regarding the reason for termination.