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

Announcement

Collapse
No announcement yet.

Angry former Employee California

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

  • Angry former Employee California

    Today we received a request letter from a former employee (A) for their personal file, another employee's (B) file, phone conversation tapes, and incident reports involving this employee A and the employee B.
    Employee A was terminated based on violations of company polices and after formal warnings of their performance.

    Employee B was involved in an heated exchange with employee A, unrelated to the grounds of termination.

    I think I know the answer, but can employee A request the items w/o a subpoena? I believe employee A is trying to build a case against employee B and that she was wrongful terminated because of employee B. Thanks!

  • #2
    Anyone can "request" anything. I can request that your company give me a million dollars. However I can think of no legal reason what-so-ever why your company would want to give one employee a different employee's file unless a court told you to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Originally posted by SVA View Post
      I think I know the answer...
      If you think you are the target of a lawsuit, you should retain a labor lawyer in your are for specific, ongoing advice. In the meantime, a few to chew on:

      1. California residents have a constitutional right to privacy. Consider this carefully before giving one employee access to another employee's personnel file.

      2. An employee is generally NOT entitled to a copy of his/her personnel file - only access to it. An employee is, however, entitled to receive copies of documents he/she signed.
      Barry S. Phillips, CPA
      www.BarryPhillips.com

      IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

      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