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Attendance records. Arizona

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  • Attendance records. Arizona

    I requested a copy of my attendance record; specifically dates missed, hours scheduled in that day and the wages lost due to the absence. After a few weeks of run around, I was told I must subpoena this request. (History- I was involved in a motor vehicle accident & missed work but am not currently involved in a suit- the claims adjuster & myself are just in the phases of exchanging information for settlement...) I am unsure of what the Arizona law entails when disclosing employee records to the actual employee. I have read through my "Code of Conduct" manual and there is not section for the requesting of personal records.
    Any insight on this matter would be appreciated.

  • #2
    Az. employers must allow an employee or his/her designated rep. to inspect and copy payroll records pertaining to that employee.

    Other than the above, Az. employees currently have no statutory right to inspect their personnel file other than to see the results of a drug test. It would be up to co. policy/practice whether to allow employees to review any additional info in their files.
    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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    • #3
      Is it lawful for them to demand that my attorney subpoena the documents or should they turn them over to me?
      I have no intention of taking this to suit, let alone retaining counsel, as the insurance company of the at fault party is being very cooperative at this point.

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      • #4
        EMPLOYERS SHALL PERMIT AN EMPLOYEE OR HIS OR HER DESIGNATED REPRESENTATIVE TO **INSPECT AND COPY PAYROLL RECORDS** PERTAINING TO THAT EMPLOYEE. statute Az. 23-364(D)

        A CIVIL ACTION TO ENFORCE THIS ARTICLE MAY BE MAINTAINED IN A COURT OF COMPETENT JURISDICTION BY A LAW ENFORCEMENT OFFICER OR BY ANY PRIVATE PARTY INJURED BY A VIOLATION OF THIS ARTICLE.

        Payroll records you have the automatic right to inspect/copy & drug test results you can automatically review.

        Anything else is up to the employer.

        P.S. I didn't mean to yell at you by typing in capitals - I copied & pasted part of my post & it was in capitals.
        Last edited by Betty3; 04-24-2008, 03:02 PM. Reason: add P.S.
        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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        • #5
          LOL! I didn't think you were yelling. I figured it was a copy and paste, but thank you for clarifying.
          I wanted to add this, I am able to view my time sheets, absences, etc but they are through a 3rd party vendor (i.e. Oracle/TotalView/PeopleSoft)
          and the claims adjuster has requested my missed time on company letterhead. This is where I am running into my problem. My employer feels if they provide the document, they are validating I missed the time due to the accident. I have explained that I need nothing more than an accounting of the time but they insist for the company to provide the information, an attorney must request it via subpoena.

          So, with that said, is it ok for them to deny my the information unless subpoena'd?
          Last edited by Dragonflei; 04-26-2008, 07:39 AM.

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          • #6
            To split hairs, yes they probably can. You have the same records they have. The insurance company is demanding a particular format of the records, which is what the employer is refusing to provide.

            Do you have an attorney? Maybe a request via letter would suffice without an actual subpoena.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              I have made numerous requests for this information to my supervisor, his supervisor, the HR dept, the HR supervisor and to our payroll dept. supervisor.
              I have been told to respond to them and advise that I am representing my self and am doing all I can to settle out of court (I sustained no life threatening injuries). I was also advised to request that my employer foot the court costs since they are ultimately forcing me to enter into a suit, just to settle my claim.

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              • #8
                One of the drawbacks in representing yourself. These are not generally do-it-yourself situations.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

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