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  • Copy of employment records

    I was terminated a few months ago and have been trying to get ahold of a copy of my payroll records as well as my personally file and any records signed by me during the course of employment. The day I was termed I asked for the general manager for the above records and was told to come back in a few days to get them. A few days later I go back and receive no records. I'm told I need to get ahold of the owner to get them. I again send a message to my immediate manager as well as the general manager requesting my records. I also consult with my sister, who happens to be a criminal attorney in another state and she instructed me how to request my records and get a tracking receipt when it's sent(which I did via a typed demand letter with my request and the statues relating to it, sent to the owner via usps mail with a signature required)

    to date, I have received no response, even though both the 21 and 30 day statutes (for my payroll records and personnel file) have lapsed. My question is what do I do now? How do I get ahold of my records so I can continue forward?
    Last edited by Jacked Mynd; 03-20-2018, 04:28 PM.

  • #2
    If your state has laws requiring employment records and payroll records be given to former employees, the law should also tell you what step to take next if the employer doesn't comply.

    If you are looking to file a complaint for wages, you can do so without the records. You file the complaint with details to the best of your recollection. The state will then force the company to produce proof of how you were paid. Likewise if you want to file any type of claim against your employer for harassment/discrimination/wrongful termination/etc; you can file without the records.

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    • #3
      In what state is is this, Jack? It makes a difference.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        This is in California. These are the records I requested and labor codes I cited. Other than stating the employer is liable for a $750 penalty for not producing records in a timely manner, I could not find anywhere telling me what to do if the records weren't given to me. I am planning on filing a retaliation and wage claim against my employer btw
        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.

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        • #5
          It seems fairly obvious to me that you would make a complaint with the Labor Commissioner's office.

          https://www.dir.ca.gov/dlse/FAQ_Righ...onnelFiles.htm
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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