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REQUEST TO INSPECT PERSONAL FILES California

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  • REQUEST TO INSPECT PERSONAL FILES California

    Dear all,

    I made several claims against my former employer, a Wage claim, FEHA complaint for discrimination, and at the US department Civil rights division for National of Origin discrimination. All of those agencies have accepted my complaint but those are under investigation. A couple of days ago, I request to Inspect my Personal File, and the owner has send to me an email saying that he will make a copy and send it to me. Is that OK?
    In addition, since I was discharged without reasons four days later I sent to him a letter about the unfair and unlawfull discrimination practices against me, he also did not alow me to go back to the office, so he kept my personal stuff until now. The issue is that I also request for my stuffs and he said to me that he will send them by mail, but he is asking for some CD's that I have no idea where they are, since as I said he didnot allow to return to the office.

    I appreciate your response,

    Regards,

    Carlos

  • #2
    CM_777: I requested to inspect my Personnel File, and the owner sent me an email saying that he will make a copy and send it to me. Is that OK?

    Since the law does not entitle you to a "copy" of your entire personnel file (only those items that contain your signature), seems to me your ex-employer is giving you more than the law provides - not to mention saving you the trouble and awkwardness of returning to your ex place of employment. What's your concern?
    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


    • #3
      Please Check My Whole Claim At Feha

      Thanks for your response, but please, check below the complaint I did. So I want to know if I am OK receiving the copies, maybe they will hide something, and also their claim that I have something that belong to them, when I was not allow to go back to the office. Also, I would like to know how long the complaint process last?

      Thanks


      ==========================================

      Department of Fair Employment & Housing

      Re: XXXXX-00-CASE NUMBER


      Dear:

      In response to the respondent statements, I present the following information and further exhibits that support my claims of discrimination and retaliation:

      1. Shortly after I made my claim on November 30th 2007, on December 2nd 2007, I received an email from Owner (EXHIBIT A) in response my email where I complained about the unlawful practices at xxxx. In the email Owner stated that he needed one day to revise it before I go back to the office. Owner never mentioned any termination meeting on November 16th 2007 as Owner pretend to state right now.
      2. On December 3rd 2007, he sent to me an email where apparently he was trying to make up the meeting we had on November 16th as a termination meeting. I right away answered this email (EXHIBIT B) denying emphatically Owner assertion. Owner never replied it. In addition, as far as I know as an establish policy all the termination meetings are done by both Owners and they never terminate any employee without their participation, this has been particularly important in employees like me who has English as a second language. Hence, I declare that Owner has been trying to draft this fake assumption because the meeting we had was about the unethical and unlawful practices at xxxx. He has retained my personal valuable stuffs at the xxxx Office giving excuses until now.
      3. In my complain gave to Owners on November 30th 2007 which I presented as part of claim to FEHA, I specifically mentioned what I consider was an ill-treatment doing by Owner against me on November 16th 2007.

      In order to give more facts, I will describe with more details what happened in that meeting. Around 3:00 PM on November 16th 2007, I asked for a meeting because I wanted to ask for an extension of my vacation until November 30th, even though he agreed with my request the conversation was changed completely by Owner where taking advantage of his position as a owner he started maltreating me and made me serious accusations without any evidence.
      Since at the moment of the conversation, Ms Y, Mr. Z and Mr. W ( Owner' Spouse, VP, and other employee) were in the office, I asked him to include a witness of this conversation, but Owner denied my demand.

      In general terms, the conversation was about the following issues:
      a. Owner said to me that I was unhappy at the company, but I told him that happiness for me does not imply I have to be in agreement with and/or to be part of unethical practices he was doing with a Customer when he sponsored to false documents to avoid a lawsuit. I told him my opposition to those practices because those were illegal and immoral.
      As a reference, he supported to fake all kind of documents against the Customer, for instance:
      i. Fake quality documents
      ii. Fake official stamps of Supplier, Company Name:
      iii. Ordered to notarize the fake documents
      iv. Sign fake documents to deceive the customer
      Everybody in the company knows about Owner actions, but there is direct witness of this act beside me, like Ms ZZ and right now the customer is suffering of a huge financial loss due to the owner.
      b. He insulted me saying that I did not have gratitude to him because I was claiming about discrimination, harassment and equal compensation, however I told him that according to the law I have rights to claim what I considered were discriminatory practices against me.
      c. He was reproaching me that I did not want to travel overseas, but I said to him that without safe conditions I was not able to travel. I also mentioned again that my health have been affected due to the trips. It angered him a lot. He said to me that the job is as it is, but I mentioned that Mrs. ZZZ, one of the employees that have travelled with me was very sick because of the demanding trips, so I was not willing to put in danger my health. I also remark that due to the attack I suffered in my country I had lost some organs that have affected my health. I also reminded owner that about two or three weeks before I had to go to ER for a heart problem.
      d. Owner was constantly harassing me, during the meeting, about a suppose misconduct of the Latino customers he believe they do, I specifically warned to him that whatever opinion he has about the Latino Customer he has not any right to show aggression against the Latino Ethnic. This is because his comments were very hostile to the Latino people and I felt under harassment.
      e. Owner showed his frustration due to my rejection to be part of his unethical practices, and threatened verbally. He knows that I am under an antidepressant treatment (taking medications) so I am very fragile (emotionally) therefore I was almost crying in the meeting.
      His final reaction was gave to me and tried to pushed me to sign a paper that he called a severance agreement but without gave me any chance to review it. I specifically told him that I have no idea what the document was about because the legal nature of the document and I mentioned to him that I was under a serious stressful situation since I was told that my mother was very sick and I told him specifically that I was considering his conduct as an abuse and as a retaliation due to my complains about the unlawful practices against me at the company.
      The meeting finished when I refused to continue being mistreated by Owner and his denied to include an observer to the meeting. On the other side, since it was around one hour and a half after my regular hours, and technically I was on vacation so I left the office.
      I would like to remark that in my letter I gave to them on November 30th 2007, I denounced Owner first attempt to fake the meeting we had on November 16th 2007. Please read EXHIBIT A last paragraph I have highlight in green. This was because Owner sent to me an email when I was travelling overseas, without any chance to access internet.
      Hence, and due to that Owner has faked official documents to avoid a lawsuit in the past, I would like to see the records and evidence Owners have offered to support that Owner and I had a termination meeting.
      For the reasons stated above I declare under penalty of perjury that we never had a termination meeting.
      4. Owner said that my termination were due to lack of sales, Owner appreciations that my work was not acceptable in quality and quantity, and due to Owner appreciations that he was dissatisfied with my sales and my attitude towards my job, however, those assumption are enough reasons to be specified in my termination notice, but all of those reason are new to me. Therefore, I will present the following information to deny those imputations:
      a. Lack of sales. – This assertion is false since I started working at Indigo 2005; I got the highest single order in the whole history of the company.

      b. Owner denied that they have not a formal performance review but she personally, on July 2007, gave to me a satisfactory performance review of my job and a salary increase. Owner specifically mentions that it was because of my hard work. I would like to remark that on February 2007, I had a previous salary increase due to a revision base on my job performance doing by Owner. I can provide my pay checks as a support of those salary increases.
      c. On August 2007, Owners confirmed me that the company would pay me up $6,000.00 as a paid tuition. The company paid it. This was, according to Owners, due to my excellent performance.
      d. Owner fails to state that my job was not only about sales, but also I have done different jobs at the company:
      i. Marketing, develop the improvements in the Website
      ii. Marketing, develop the new logo of the company
      iii. Marketing, develop the company e-newsletter
      iv. Marketing, develop flyers
      v. IT, develop a database in File-maker
      vi. Procedures, develop a sales manual
      All these jobs were sponsored by Owner and they were eulogized in front of all the employees by both Owners. Furthermore, those jobs were part of my responsibilities since the beginning, and therefore Owner gave at the beginning the title of Marketing & Sales, and finally title of Sales Manager.

      For all the reasons above I asserted that Owners never informed to me about any kind of bad performance from my side, they changed their attitude toward me after I complained about the unlawful and discriminatory practices against me. Before that, my job never was related only to sales, my work was constantly praised by both Owner, I received salary increases every year (15% in 2005, 10% in 2006 and a promotion, and 40% in 2007 ), and paid tuitions on 2006 & 2007 due to my excellent performance.
      5. Owner stated that the meeting on July 12th 2007 was only in regards my compensation, and travel expenses but it was in regards discrimination, unequal payment and harassment I claimed verbally to Owners. I show the email sent by Owner 1 to both Owner 2 and I on July 10th 2007 (EXHIBIT C). The email asked for meeting to solve “buried issues” and moving forward. He also recognized in the email that they need definitely adjust my salary.
      6. Owner' spouse assertion is inaccurate that I complain travel expenses on July 12th 2007. It was done on October 4TH 2007, I sent an email to Owner about my travel expenses and my health condition, and how the trips were affecting my health. She sent to me an email (EXHIBIT D). She specifically addressed the travel expenses issue and recognized that continue traveling could jeopardize my health.
      7. Owner's spouse has made a serious accusation that is totally new to me. She said that the employees were unhappy with my supervision and my so called unpleasant way of conveying instruction, but I had not anybody under my direct supervision. I only worked with Ms. GGG who never complained what Owner said. According to company organizational structure everybody has two bosses the Owners.

      For all the reasons stated above, I request further investigation of my allegations. I would like your advice if I need more evidence to support my claims.
      I declare under penalty of perjury that all the statements I present in this letter are true base on my best knowledge.


      Sincerely,

      Comment


      • #4
        CM_777: I want to know if I am OK receiving the copies, maybe they will hide something,

        If they wanted to "hide something," they could just pull it out of your personnel file before you came to inspected it, couldn't they?
        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


        • #5
          Yes, it is okay for them to mail you copies.
          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


          • #6
            Copy Of Personal File

            Dear all,

            As I posted before, I requested to see my personal file to my employeer, and he sent to me an email saying that he was going to send to me it by mail, the 21 calendar days from the date of the request has passed, so Do I can consider it as a implicit refusal from my ex-employeer to see my personal file?, Should I contact the Division of Labor Standards Enforcement? according to the below link:

            http://www.dir.ca.gov/dlse/faq_right...onnelfiles.htm

            Quote "Labor Code Section 1199(c) DLSE has no authority to attempt remedial action against the employer if it violates, refuses or neglects to comply with your right of inspection, and you must avail yourself of appropriate civil remedies, such as a grievance procedure, civil action, etc."

            That implies that I have to look for a legal advice?

            Any help will be appreciated

            Comment


            • #7
              Cut, Copied, & Pasted right off the DLSE Website:

              10. Q. If I make a request of my employer pursuant to Labor Code Section 1198.5 to inspect my personnel file and my employer denies such a request, what can I do?

              A. Initially, you should contact the Division of Labor Standards Enforcement and explain that pursuant to the right granted you under Labor Code Section 1198.5 you requested to inspect your personnel file and your employer is refusing to allow you to inspect such file. DLSE will assist you by explaining the law to your employer. An employer who violates, refuses, or neglects to comply with an employee’s right of inspection is guilty of a misdemeanor.
              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

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