Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Trying to procure a copy of my Job Description California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Trying to procure a copy of my Job Description California

    I have been trying to get a copy of my Job Description for six days now. It was my understanding that an employer is obliged to keep a copy of each employee's Job Description in her/his employee file, but this was not done in my case. I was referred to our Human Resources Department to obtain a copy of it, but repeated phone calls and eMails to the person who was identified to me as responsible have gone unheeded.

    What recourse do I have?

  • #2
    I am fairly certain that there is no actual law requiring that employers have job descriptions, much less maintain the job description in the employee's file.

    I can give you a pointer to California's rules on employee access to personnel files.

    http://www.dir.ca.gov/dlse/FAQ_Right...onnelFiles.htm
    Last edited by DAW; 09-20-2007, 01:06 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Job Description regs

      [QUOTE=DAW;914032]I am fairly certain that there is no actual law requiring that employer have job descriptions, much less maintain the job description in the employee's file.

      Thanks for your prompt feedback, DAW. Mine is a clinical background, and in that environment, Job Descriptions are considered legal documents that must be kept in a department binder, as well as an employee's folder. This is important because, if one is asked to perform a clinical procedure that is not listed within one's Job Description, the employee is required to refuse. This is a "Scope of Practice" issue, the violation of which exposes either the employer or the employee to malpractice litigation.

      Comment


      • #4
        OK, then it is specific to the industry and not general wage and hour or "personnel file" law. I don't think anyone here is an expert in that particular industry in your state.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          If there is an actual regulation that requires this there mustalso be an agency that oversees compliance. I'd inquire with that agency as to how to register a complaint/ report non-compliance. I suspect this is a best practice not an actual legal requirement.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Thank you both

            Thanks, Patty and Elle. I'll just have to hope that our HR Department gets back to me with the Job Description (to which they claim they have access) in due time.

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X