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Employer Wrote Confession, put in EE record Colorado

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  • Pattymd
    replied
    Of course, YOU have no standing to do anything.

    Leave a comment:


  • lodewey
    replied
    Thank you all for your responses! The reason I believe it was placed in the "employee record" is that it was written in as part of the confession ("I understand that this document will be placed in my employee record, not my personnel record, blah blah blah.") After my husband refused to sign, the manager said it was still going in the file without his signature.

    I agree that it is unprofessional and sleazy to the extreme. It seems that to place it in the record without a note saying that it was actually written by the manager is misleading. If the manager were to leave his position, the next manager would see this document and not understand the context and might assume that my husband had written it and they simiply hadn't saved a signed copy.

    My husband has already begun the search for a new job and fortunately has no need of a reference from this employer. We work as software developers he has a very strong resume with solid experience and references, so even in the current economy he won't be lacking job offers. His current employer is a DoD contractor and it just PISSES ME OFF to see how our tax dollars are wasted and the STUPID things that these companies do (I've also done software dev contracts for this and other DoD contractors and have vowed never to work for one again.)

    I will say that I am tempted to write a "confession" for his manager outlining all of HIS failings (and how he tried to coerce my husband into signing a forced confession) and asking the manager to sign it, and asking it to be placed in the manager's record as well as my husbands record! But that's just me being mean.

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  • Pattymd
    replied
    Originally posted by cbg View Post
    It does not. I looked that up before I responded.

    I should have assumed that.

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  • cbg
    replied
    It does not. I looked that up before I responded.

    Unless the employer actually signed the employee's name I doubt that forgery would apply, and since the employer is not trying to use the employee's name for any benefit I don't think identity theft would fly, either.

    Sleazy? Tacky? Unprofessional in the extreme? All of the above. Illegal? Not that I can see, and believe me, if I could see it I'd say so. I hate employers who do things like this.

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  • Pattymd
    replied
    I'm wondering if Colorado law would require a rebuttal by the employee be placed in the file as well.

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  • mistoffolees1
    replied
    Originally posted by cbg View Post
    Please cite the Federal or Colorado law that prohibits this.
    OK. Maybe I'm mistaken.

    However, if the employer put the employee's name on it and then wrote it in the first person (as if the employee wrote it), what about laws against identity theft, forgery, etc?

    I still wonder how OP knows it is actually in the file, though. If it really is, there's no harm done unless the employer gives it to someone else. Then there might be an argument. Maybe OP should have someone ask the employer for a reference to see what they get.

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  • amrogos
    replied
    Employee File

    Employee files are the property of the employer. With very few exceptions, an employer can put whatever they want into the file. Though I would agree, this is a pretty sleazy thing to put in the file.
    Last edited by amrogos; 01-21-2009, 05:50 PM.

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  • cbg
    replied
    Please cite the Federal or Colorado law that prohibits this.

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  • mistoffolees1
    replied
    Originally posted by lodewey View Post
    My husband was called into his manager's office to sign a confession that the manager had written. It was written in the first person (as if my husband had written it.) My husband refused to sign it.

    After my husband refused to sign, the document was placed in his "employment record" (not his personnel record) as it was. STILL written in the first person! Can the manager do this? Can he put a document in my husbands record that appears to have been written by my husband even though my husband refused to sign it?
    No.

    If you're sure it was left in the file (how would you know?), I would have an attorney send him a letter to have it removed - and to ask for a copy of everything in the file.

    Leave a comment:


  • lodewey
    started a topic Employer Wrote Confession, put in EE record Colorado

    Employer Wrote Confession, put in EE record Colorado

    My husband was called into his manager's office to sign a confession that the manager had written. It was written in the first person (as if my husband had written it.) My husband refused to sign it.

    After my husband refused to sign, the document was placed in his "employment record" (not his personnel record) as it was. STILL written in the first person! Can the manager do this? Can he put a document in my husbands record that appears to have been written by my husband even though my husband refused to sign it?
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