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I'm required to Subpoena former employer to obtain Personnell File??? Nevada

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  • I'm required to Subpoena former employer to obtain Personnell File??? Nevada

    A bit of background, I'll keep it as short as possible...

    I was let go back in Feb. due to a shoulder injury that landed me with permanent restrictions that my Employer would not accommodate. It's been a rough road with them since. They refused to process term papers, which kept me from getting my 401K. They told me I'd have to sign voluntary termination papers. 6/7/11 with a notarized letter (per attorney at the time) stating the true reason I was no longer employed and why I was signing their paperwork I finally received what was needed to deal with 401K. I filed for Unemployment in September and they challenged it stating that I quit. I had the necessary documentation to win that.

    Now, after many requests (since June) for copies of my personnel file and getting the run around every time I call, I received a letter from their legal department. This letter says..."We are in possession of your correspondence requesting a copy of your employment file. Please be advised we are happy to comply, however to do such you must submit your request via Subpoena to XXXXX."

    I read the NRS and did not find anything about being required to subpoena these records. Is this normal practice for employers or am I missing something?

    Any help is appreciated. Thank you!

  • #2
    It's normal behavior for an employer who thinks there may be a lawsuit in their future.

    Had you made the request within 60 days of your termination, they would have been required by Nevada law to allow you access to the file. Since it is now beyond 60 days, they are free to require a subpoena if they choose to.
    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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    • #3
      Originally posted by cbg View Post
      It's normal behavior for an employer who thinks there may be a lawsuit in their future.

      Had you made the request within 60 days of your termination, they would have been required by Nevada law to allow you access to the file. Since it is now beyond 60 days, they are free to require a subpoena if they choose to.
      I originally requested records verbally at time of actual termination, 6/7/2011. Put it in writing after all the trouble which would be after the 60 days. Do I need to have a lawyer get the subpoena or is that something I can do? Not sure how to go about it. I did file a complaint with the Labor Commission just a few days before I received the letter requiring the subpoena.

      Thanks for your response, I appreciate it.

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      • #4
        You will need a lawyer to obtain the subpoena.
        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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        • #5
          Here is some info on getting a subpoena in Nevada.

          http://www.clarkcountycourts.us/Civi...subpoenas.html
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            My mistake. Thank you for the correction, Betty.
            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.

            Comment


            • #7
              No problem.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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