how to certify copies of personnel file for attorney

by Dr. Edyth Carroll PhD 8 min read

The basic process for copy certification is described below. Some steps may vary depending on individual state laws: 1. The document's custodian requests a certified copy The keeper of the original document (also called the "custodian") appears before you and asks you to certify a copy of the original document.

Full Answer

Can an employee request a copy of their personnel file?

Jul 28, 2014 · Do not make a copy in color that looks like the original. Use the standard black/white setting on your copier. If the client brings the copy to you, inspect the copy closely and compare it to the original to assure the copy is a true copy. Step 4 - Use the correct notarial certificate for making a certified copy. Or, if you prefer, use a stamp on the copy that has your …

How long does it take to get a copy of personnel?

Oct 07, 2017 · Re: Request for Copy of Personnel File, Payroll Records, and Employee Agreements. Dear [Former Employer/Current Employer/Human Resources]: Please take notice that this letter will serve as a request for my employment records maintained by your company. I am requesting complete copies of the following records: 1.

How to get a certified copy of a document?

Take the photocopied document and the original and ask the person to certify the copy by: writing ‘Certified to be a true copy of the original seen by me’ on the document signing and dating it...

When does an employer have to provide a certified copy of records?

Jul 11, 2012 · There are three ways to respond to requests from former employees: (a) let the former employee return to work and review his or her file under the watchful eyes of a human resources (HR) representative; (b) send the employee copies of the document that he or she is entitled (by statute) to have; or (c) after getting the advice of HR or your attorney, send a copy …

Certifying a document

Certify a document as a true copy of the original by getting it signed and dated by a professional person, like a solicitor. When you apply for som...

Who can certify a document

Your document must be certified by a professional person or someone well-respected in your community (‘of good standing’). You could ask the follow...

How to certify a document

Take the photocopied document and the original and ask the person to certify the copy by: writing ‘Certified to be a true copy of the original seen...

Certifying a translation

If you need to certify a translation of a document that’s not written in English or Welsh, ask the translation company to confirm in writing on the...

How to make a certified copy of a document?

Step 1 - Review the document to make sure that it is an original. Notaries cannot make certified copies of copies. Step 2 - Confirm that the document is not a public record or otherwise forbidden by your state's laws. Examples of publicly recorded documents are divorce decrees, deeds, mortgages, entity documents, birth certificates, ...

What documents can be certified by a notary?

Documents that clients may ask to have certified by a notary include contracts, letters, settlement statements, agreements, and bills of sale . This list is certainly not all inclusive. Often, notary-certified copies of originals are bound for recipients in other countries.

What is Personnel File?

Personnel file, meaning records that were used to determine your qualifications for employment, promotion, performance, termination, and additional compensation, or that relate to any grievance or disciplinary action involving you.

How long does it take to get a copy of payroll records in California?

California labor law also provides inspection rights, the employer must provide to an employee or former employee copies of payroll records (wage statements, paystubs, schedules, etc.) within twenty-one days of a request, or alternatively allow inspection of those records. The Labor Code provides penalties against employers who fail to comply.

How long do you have to keep employee records?

What Employee Records Can I Inspect or Request Copies Of? Under the Federal Fair Labor Standards Act, every employer must keep payroll records, employment contracts, written, agreements, and employee notices for at least three years from the last date of entry. Employers must also keep basic time and earning cards, wage rate tables, work schedules, ...

What is the California labor code?

The Labor Code provides penalties against employers who fail to comply. Under California law current and Former Employees have the right to request the following records: Payroll records, meaning wage statements (paystubs), which current and former employees have a right to request pursuant to California Labor Code section 226. ...

What is section 432?

Labor code section 432 is silent about the exact time that an employer has to respond to a request for instrumentalities signed by an employee; instead it simply states that the employee must be given the documents “upon request.”.

How long does it take for an employer to respond to a payroll request?

With respect to your personnel file, your employer must respond your request within 30 days, and failure to respond can result in a $750 penalty, an injunction, and costs and attorney fees, that can be recovered by you in a civil lawsuit. Likewise, if your employer fails to provide you with the payroll records you requested within 21 calendar days, ...

What is 1198.5?

1. Pursuant to Labor Code § 1198.5 -personnel files and records relating to my performance or to any grievance concerning me. 2. Pursuant to Labor Code § 432-any instrument signed by me relating to the obtaining or holding of employment. 3. Pursuant to Labor Code § 226-any and all payroll records relating to me.

How to certify a document?

Certifying a document. Certify a document as a true copy of the original by getting it signed and dated by a professional person, like a solicitor. When you apply for something like a bank account or mortgage, you may be asked to provide documents that are certified as true copies of the original. Copies of documents that can be certified include:

What documents can be certified?

Copies of documents that can be certified include: passports. photocard driving licences. letters from a government department. bank/building society or credit card statements. gas, electricity or council tax bills. letters from a hospital/doctor.

How to certify a translation?

If you need to certify a translation of a document that’s not written in English or Welsh, ask the translation company to confirm in writing on the translation: the full name and contact details of the translator or a representative of the translation company.

What is the California Labor Code?

California Labor Code Section §1198.5 controls the right of employee access to personnel files. It states that every employee has the right to inspect his or her personnel records relating to performance or to any workplace grievance. According to the FAQ page of the DLSE, the state agency charged with enforcing the Labor Code, ...

What is a letter of reference?

Records relating to the investigation of a possible criminal offense; Letters of reference; or. Ratings, reports, or records that were: obtained prior to the employee’s employment; prepared by identifiable examination committee members; or. obtained in connection with a promotional examination.

When did California change its labor law?

Effective January 1, 2013, the California Labor Code, which was amended in 2012, will have specific requirements regarding the rights of employees to view their personnel records. In response to the changes in the law, please read my update to this post.

What are personnel files?

Sometimes, however, personnel files hold other items that employees may never have seen, such as references from previous employers, comments from customers or clients, write-ups of coaching or disciplinary meetings, or memos of management's observations about an employee's behavior or productivity.

How long does it take to get access to employee records?

Employee access to records: Employee or former employee has right to inspect personnel records relating to performance or to a grievance proceeding, within 30 days of making a written request for records. Employer may redact the names of any nonmanagerial employees.

What does it mean when a state has no statute?

If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information.

Can an employee have access to personnel files?

Employee access to records: Employee may have access to personnel file at time agreed upon by employer and employee. Conditions for viewing records: Employer's representative may be present. Copying records: Employer may charge copying fee for each page that is equivalent to a commercial copying service fee.

Can an employee inspect a personnel record?

Employee access to records: Current employee, employee who is laid off with reemployment rights, or employee on leave of absence may inspect personnel record; employee's agent is not entitled to have access to records. Unless there is reasonable cause, employer may limit access to once a year.

What is personnel file in California?

Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.

How long does it take to get a copy of payroll records?

Labor Code Section 226 (b) An employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request .

How long does a labor inspection last?

Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request. Upon a written request from a current or former employee, or a representative, the employer shall provide a copy of the personnel records, ...

What is the labor code section 226?

Labor Code Section 226, subdivisions (c) and (f) Employers are required to keep accurate payroll records on each employee, and such records must be made readily available for inspection by the employee upon reasonable request.

Can I request a copy of my personnel file?

Yes. Upon written request , the employer must provide a copy of the personnel file, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request.

What is reasonable time?

Although there is no specific definition for this phrase, the Division of Labor Standards Enforcement (DLSE) has opined that “reasonable times” is during the regular business hours of the office where personnel records are usually and ordinarily maintained.

How long do you keep personnel records?

Maintain a copy of each employee’s personnel records for no less than 3 years. Make a current employee’s personnel records available, and if requested by the employee or representative, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester.

What is confidential report?

Confidential reports from previous employers or investigative agencies; Other confidential investigative files concerning the employee; Information concerning the investigation, arrest, or conviction of the employee for the violation of any law. The employer is allowed to charge you the actual cost for access to the file and copies of it. ...

How long do you have to keep your wages?

Under NRS 608.115, your employer is also required to maintain records of your wages for 2 years and must give you a copy of those records within 10 days of requesting them.

S5647 (ACTIVE) - Summary

Requires employers to provide an employee, attorney for the employee or a representative of a recognized or certified employee organization, the opportunity to review and copy the employee's personnel file; the employee must submit a written request for this right to be exercised and former employees have to make the request within three years of leaving employment..

S5647 (ACTIVE) - Sponsor Memo

BILL NUMBER: S5647 SPONSOR: PARKER TITLE OF BILL: An act to amend the labor law and the civil service law, in relation to employees' right to review personnel records PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the labor and civil service laws to provide a means by which public and private employees are granted access to their personnel file.

S5647 (ACTIVE) - Bill Text download pdf

S T A T E O F N E W Y O R K ________________________________________________________________________ 5647 2021-2022 Regular Sessions I N S E N A T E March 15, 2021 ___________ Introduced by Sens.