As of July 27, 2025, employers with Washington employees have less time to respond to requests for personnel files, and have greater obligations and exposure to litigation related to doing so. With the passage of HB 1308, Washington employers now have 21 days — down from 30 days — to provide personnel records in response to requests for personnel files. Requesters can include employees, former employees (a person who separated from the employer within three years of the date of the records request), or their designees. Employers must provide personnel files at no cost.
The new law also clarifies that a “personnel file” includes the following records, if the employer creates such records:
(a) All job application records;
(b) All performance evaluations;
(c) All nonactive or closed disciplinary records;
(d) All leave and reasonable accommodation records;
(e) All payroll records; and
(f) All employment agreements.
Under the new law, employers also must provide to former employees a statement of the employee’s discharge date and reasons, if any, for the discharge — if the former employee requests such as statement.
Finally, the new law creates a private cause of action, with statutory damages, for enforcing the requirements to disclose a personnel file and provide written discharge statements. An employee may obtain equitable relief, statutory damages, and reasonable attorneys’ fees and costs, for each violation. The employee or former employee may sue within five calendar days after serving employers with a notice that they intend to sue.
For reference, the legislation is available here, HB 1308, and is codified at RCW 49.12.240, RCW 49.12.250, RCW 49.12.260, and RCW 49.12.261.
