Washington's New Personnel-File Law: What Employers Need to Know

Since Washington's new personnel‑file law—SHB 1308—went into effect on July 27, 2025, it has fundamentally changed the risk landscape for every employer in the state. And plaintiffs' attorneys know it. They are using personnel‑file requests as a strategic tool—one that lets them peek behind the curtain and hunt for violations far beyond the personnel file itself.

If that makes your stomach drop a little, it should. Because this is one of the easiest risks for employers to eliminate—IF addressed correctly and promptly.

Why This Matters Right Now

Under SHB 1308, employees and former employees may demand their personnel file, and employers must provide it within 21 days—complete, accurate, and compliant with the new statutory definition. Former employees also gained the right to receive the written reason for their termination, also within that same 21‑day window. And because the law created a private right of action, any misstep (e.g., late response, incomplete production, or inclusion of documents that never should have been there) carries a risk of statutory damages and attorneys' fees.

Plaintiffs' Lawyers Aren't Requesting Personnel Files for Fun—They Are Fishing for Violations

Here's what we've seen, repeatedly, in the months since SHB 1308 took effect:

Personnel‑file requests are being used as fishing expeditions for entirely unrelated violations. And when employers include documents that never should have been in the personnel file to begin with? Plaintiffs' lawyers treat that as a bonus.

The exposure is real, preventable, and financially damaging for businesses that otherwise operate responsibly.

A personnel file request is no longer an administrative task. It is a legal event.

Address it like one.

Here's how to get there:

1. Know EXACTLY what belongs in a personnel file—and what does NOT.
   Washington law now explicitly defines the list of what belongs in a personnel file. Anything outside that list is not only unnecessary—it may actually harm you.

2. Keep a clean, standardized personnel file for each employee.
   Personnel files should be consistent and predictable. Generally speaking, documents relating to investigations, complaints, or legal issues belong in a separate file.

3. Implement a carefully controlled 21‑day response workflow.
   This includes:
   
   • logging each request
   • designating who handles collection
   • confirming all required records are included
   • verifying nothing improper is mixed in
   • ensuring attorney review before anything goes out

If You Want to Stay Protected, Here's What to Do Next

Six things you can do to stay protected:

1. audit and clean up personnel‑file systems
2. build compliant, streamlined "clean file" structures
3. create 21‑day response protocols that actually work
4. train HR teams and supervisors
5. review personnel files before they are produced
6. reduce risk before a single attorney ever sees a document

If you want to protect your organization from unnecessary legal exposure—and create practical, sustainable systems that keep you safe—we're ready when you are.

Let's make sure your next personnel‑file request is a non‑event, not a liability.

+++

If you have questions about Washington's personnel file law (SHB 1308), responding to personnel file requests, or reviewing your organization's personnel file practices and response protocols, please contact Meg Burnham or another member of DWT's employment services team. DWT will continue to monitor developments and provide updates as additional guidance becomes available. To stay informed, sign up for our alerts.