Protecting Workers’ Rights: MHB Attorney Jesse Wing Helps Secure Landmark Personnel File Access Law
Posted by Jesse Wing
New Washington Law Improves Employee Access to Personnel Files
We are proud to share that MHB Attorney, Jesse Wing, played a key role in shaping and advocating for a new Washington law that strengthens workers’ rights to access their personnel files.
Under the law, which went into effect this summer, private-sector employees now have the enforceable right to receive copies of their personnel files within 21 calendar days of making a request. And the new law spells out what documents the employee is entitled to receive. These changes ensure that workers can quickly obtain critical documents—such as non-compete agreements, disciplinary records, performance evaluations, job descriptions, or signed policies—needed for their unemployment claims, workers’ compensation cases, disability accommodations, or to obtain legal advice.
As Jesse explained in a recent Public News Service article, too many employers ignored employee requests or created undue barriers to obtaining personnel files:
“There are even employers who are located in a different part of the state who say, ‘if you want to drive here, you can sit in our conference room and look at the documents but you can't have a copy of them, we won't send them to you.’ Which also can cause a lot of problems for employees who have disabilities.”
It took seven years to enact the law, overcoming stiff opposition from many in the business community. Jesse and others persisted, emphasizing that digital recordkeeping makes timely compliance practical and straightforward. Importantly, the new law has teeth: employers who fail to provide personnel files in a timely manner are subject to liability, including fines and the cost of the employee’s attorney fees and costs. At the same time, Jesse notes that the statute is practical and straightforwardly notifies employers what they need to do, so lawsuits should be unnecessary.
Our firm is proud of Jesse’s advocacy and of this step forward for workers in Washington. Access to personnel files is fundamental to fairness in the workplace, and this law will help ensure employees are no longer left in the dark about their own records.