How to get your employee file in Washington state
- Christopher Stockwell
- 21 hours ago
- 3 min read
If you work — or recently worked — in Washington State, you have a powerful and often overlooked right: access to your own employee file. Knowing how to request it, what you’re entitled to receive, and what additional documents you can demand after termination can help give you clarity and leverage.
Here’s a step-by-step guide to request your employee file.
Step 1: Make a written request
To get your personnel file, you simply need to make a written request to your employer. Email is sufficient. You don’t need to explain why you want it or use special legal language. A straightforward request for “a complete copy of my personnel file” is enough.
If you’re a former employee, you can still make this request as long as your employment ended within the last three years.
Step 2: Know the deadline
Once your employer receives your written request, they have 21 calendar days to provide your personnel file.
The file must be provided at no cost and as a paper or electronic copy. You do not need to inspect it in person, and the employer cannot delay indefinitely.
Step 3: Know what counts as an “Employee File”
Your personnel file is not limited to what HR feels like sharing. It generally includes records used to make decisions about your employment, such as:
Job applications and offer letters
Performance reviews and evaluations
Disciplinary records or written warnings
Attendance, leave, and accommodation records
Payroll-related documents
Employment agreements, if any
If a document was used to evaluate, discipline, promote, or terminate you, it likely belongs in your file.
Step 4: Review it, and correct the record if needed
Once you receive your file, read it carefully. Employees often discover incomplete records, vague notes, or statements that don’t reflect what actually happened. If something is incorrect, misleading, or irrelevant, you can request that it be removed. If the employer refuses, you have the right to submit a written rebuttal, which must be included in your personnel file going forward. That means your side of the story becomes part of the official record.
Step 5: If You’re a former employee, request a written discharge statement
Washington law gives former employees an additional and extremely important right. If you (or your designated representative) make a written request, the employer must, within 21 calendar days, provide a signed written statement that clearly states:
The effective date of discharge
Whether the employer had a reason for the discharge
If so, the employer’s stated reason or reasons
This applies even if the employer claims the termination was “at will.”
Why it matters
A signed discharge statement from your employer locks them into a written explanation of how and why your employment ended. That clarity can be critical for:
Unemployment claims
Future job applications and background checks
Verifying what the employer is actually saying about your separation
Identifying inconsistencies if the employer later changes its story
If an employer’s explanation shifts over time, that discrepancy may be meaningful.
The bottom line
Whether you’re still employed or have already moved on, requesting your personnel file (and, if applicable, a written discharge statement) is a smart, grounded step and one you are fully entitled to take. Your employee file shapes how decisions are made about you, often without your visibility. Washington law gives employees meaningful access, clear timelines, and the ability to correct the record when something isn’t right. And if an employer fails to provide your personnel file or the required discharge statement within the deadline, employees may have the right to pursue legal remedies, including damages and attorneys’ fees. That enforcement gives real weight to these rights. Questions? Contact Stockwell Law Firm. We're here to help.
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