Employers in Washington State will soon need to follow clearer and stricter rules when employees or former employees request access to their personnel records. Governor Ferguson signed amendments to Washington employment laws, RCW 49.12.240 and RCW 49.12.250, in May 2025, effective July 27, 2025.
The following updates apply to private employers. Public employers will continue to follow requirements outlined in the Public Records Act (PRA).
What Is a “Personnel File”?
For the first time, Washington law now defines a "personnel file" to include the following records if the employer maintains them:
Employers need to be aware of this list, as it specifies what employees may inspect or request copies of.
Access to Personnel Files—What's Changing?
Current employees continue to have the legal right to inspect their personnel file at least once per year. Employers must provide access within 21 calendar days of their request. This replaces the previous, vague standard of responding within a "reasonable time."
Former employees, defined as anyone who has separated from employment within the past three years, as well as current employees or their authorized representatives, have the right to request one free copy of their employment file. The same 21-day deadline applies to these requests.
Employers should be aware that the amended law does not require the employee or former employee's request to be in writing and that neither request needs to be in person; a designated representative, such as an attorney, can make the request on the employee's behalf.
Discharge Statements—What's the Obligation?
When a former employee or their designee provides a written request about their discharge, employers must respond in writing within 21 calendar days. This response must:
Employers should note that the Washington Administrative Code (WAC) 296-126-050 also requires a discharge statement, but within 10 business days. Although the new RCW now governs, both laws are still enforceable. When laws conflict, employers must typically follow the rule that gives the employee the most favorable outcome—in this case, the shorter deadline.
Recordkeeping Clarification
The amended RCWs do not require employers to create or maintain personnel files. If employers do keep them, though, they must follow the new rules when responding to access or copy requests. No specific retention period is required under the updated laws, though best practice would be to retain records for at least three years post-employment.
Legal Consequences for Noncompliance
If an employer fails to respond appropriately to a file request or discharge statement, the employee (or their representative) can file a civil legal lawsuit. Before suing, they must give the employer a five-day written notice of their intent to sue. If they win, they can recover their attorney fees, legal costs, and up to $1,000 per violation in statutory damages. Therefore, it is essential to meet deadlines and maintain good documentation.
Next Steps
With the amended laws set to take effect on July 27, 2025, private employers must be prepared to meet the new legal deadlines when responding to personnel file or discharge statement requests. To stay ahead of these changes, employers are encouraged to review and update their personnel file policies and procedures now.
Equally important is training managers and HR staff on the updated requirements, documentation of requests, and response timelines to ensure timely and accurate compliance. A proactive and well-organized approach will help avoid costly legal issues and demonstrate a commitment to transparency and fair employment practices.
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