How do I correct or add a rebuttal to inaccurate information contained in my official personnel file?
Under California law, you have the right to submit a written rebuttal to inaccurate information in your personnel file, and your employer is required to include it.
Here is how to correct or add a rebuttal to your file:
Step 1: Formally Request Your Personnel File
Submit a written request to your employer's Human Resources (HR) department to inspect or receive a copy of your personnel file. California Labor Code § 1198.5 requires your employer to provide access or a copy within 30 calendar days of receiving your request. Be sure to keep a copy of your written request.
Step 2: Identify Inaccuracies and Gather Evidence
Thoroughly review your file and pinpoint the specific statements you believe are inaccurate. Collect any documents you have that support your position, such as emails, positive performance reviews, project records, or memos. This evidence will help you write a factual rebuttal.
Step 3: Draft a Professional Rebuttal
Write a clear, professional, and factual rebuttal. Address each specific inaccuracy one by one. Avoid emotional language, personal attacks, or opinions. State the facts as you know them and refer to any supporting evidence you have. Sign and date the document.
Step 4: Submit Your Written Rebuttal
Deliver your signed rebuttal to the HR department or the appropriate manager. To ensure it is received, send it via a method that provides proof of delivery, such as certified mail or email with a read receipt. Keep a copy of the rebuttal and your proof of delivery for your own records.
Important Details and Nuances
Your employer is not required to remove the original document from your file. However, they must place your rebuttal in the file and attach it to the document it refutes. This ensures that anyone reviewing your file in the future will see both the original information and your response.
Warnings and Limitations
This process creates an official record of your disagreement but does not force your employer to change their mind or reverse a decision. An unprofessional or aggressive rebuttal can reflect poorly on you. This right is separate from any legal claims you might have, such as discrimination or retaliation.
This is general information and does not constitute legal advice. For complex situations, or if your employer refuses to comply, you should consult with a qualified California attorney.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 31
Updated: August 14, 2025
Employment Law
Worker rights, wages, and employment regulations
View All Questions