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RCW 49.12.250

Employee inspection of personnel file—Erroneous or disputed information.

Applied in 5 court decisions — leading case Wood v. Lowe (2000)

Most recently applied in David O'dea, Resp/cross App V. City Of Tacoma, Apps/cross Resps (August 2021)

2025 c 273 s 2; 1985 c 336 s 2.

How often courts cite this section

200020102020202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) For any employer other than those specified under subsection (2) of this section:

(a) The employer shall provide a copy of personnel file(s) within 21 calendar days after the employee, former employee, or their designee requests the file(s) at no cost to the employee, former employee, or their designee.

(b) The employer shall, within 21 calendar days of receiving a written request from a former employee or their designee, furnish a signed written statement to the former employee or their designee stating the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons.

(2) Any employer subject to the requirements under chapter 42.56 RCW shall provide a copy of personnel file(s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 RCW. This subsection (2) does not limit or modify disclosure requirements under chapter 42.56 RCW.

(3)(a) An employee annually may petition that the employer under subsection (1) or (2) of this section review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of the employer's business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at the employee's request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.

(b) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.

(4) For the purposes of this section, "former employee" means a person who separated from the employer within three years of the date of the person's request.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.