If you’ve been terminated for “not following procedure,” or laid off and told you weren’t “qualified for the position,” your training records could be helpful in evaluating potential employment claims. As of January 1, 2026, California law gives employees the right to access their training records through a personnel file request.
California regularly updates its laws to provide additional protections for workers but enforcing them often takes an experienced advocate. Attorney Christa Riggins has a strong record in both negotiations and litigation and is known for her commitment to her clients. Call 626-365-1599 to discuss how our wrongful termination law firm can help.
Your Right to Access Your Personnel Records
California Labor Code 1198.5 provides current and former employees (or their authorized representative) the right to inspect and receive copies of the personnel records their employer maintains relating to their job performance. Employers generally have to produce the requested records within 30 days of a written request. This law applies statewide, and employers who do not comply may be subject to a $750 penalty and a lawsuit seeking compliance with this statute.
What the Law Used to Say Counted as “Personnel Records”
Prior to 2026, Labor Code § 1198.5 stated only that personnel records were those relating to an employee’s performance or to any grievances concerning them, but did not provide a list of applicable records. The lack of specificity has given employers some discretion about which documents must be produced under this statute.
Notwithstanding, government agencies have explained that “personnel records” are those used to determine an employee’s qualifications for promotion, additional compensation, or disciplinary action, including termination. The following are a few examples of “personnel records”:
- Applications for employment
- Payroll authorization form
- Performance appraisals/reviews
- Notices of warnings, discipline, and/or termination
- Notices of layoff, leaves of absence, and/or vacation
- Records of promotions, demotions, and/or pay changes
- Attendance records
issue is that many records, including training and education records, were not considered “personnel records.” For that reason, many employers kept them in a separate file and did not produce them in response to a personnel records request.
Education and Training Records Are Now “Personnel Records”
Effective January 1, 2026, the law was amended to make clear that education and training records are personnel records under Labor Code § 1198.5. The law also requires that these records include the following information: the name of the employee, the name of the training provider, the duration and date of the training, the core competencies of the training, including skills in equipment or software, and the resulting certification or qualification.
The bill was proposed to address a very real problem: California refinery workers, many of whom enter the field without specific credentials and who are trained by their employers, were reportedly left unable to prove their training, qualifications, and eligibility to potential employers after being laid off. However, despite its origin, the impact of this new legislation reaches fra beyond refinery workers.
Specifically, education and training records may include your participation in anti-harassment training, workplace conduct, policy, and bias training. If you were disciplined or terminated for allegedly mishandling a task or skipping a procedure, your training records may show whether you were ever trained on that process in the first place. In safety disputes, retaliation claims, and wrongful termination cases, these documents can be critical.
Please read our previous blog post titled “Personnel File Request Under California Labor Code § 1198.5” for specific suggestions on how to request your personnel records.
Protect Your Rights With Help From Our California Employment Law Firm
Our wrongful termination law firm is here to advocate for you. It all starts with a consultation where we learn more about what happened, how it’s affected you, and what you believe occurred. Call us at 626-365-1599 or get in touch online to schedule a time to talk.
