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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6753
Experience:  Significant experience in all areas of employment law.
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My sisters employment was terminated. Her union did not defend

Resolved Question:

My sister's employment was terminated. Her union did not defend her well. Reason for termination was that she violated a company rule of not contacting the student's parents during the dispute. I think they (management) actively solicited their complaints in an attempt to fire her. She wasn't even told what these (2) parents alleged and when and how they filed the complaint. All the complaints and review documents should be part of her file with the HR.
My Q is: Can a copy of all the contents of her file be obtained? How should this be done so that they do not have a chance to modify or alter/destroy the contents of this file? Can a criminal case be filed for fraud/fabrication and where? How about dept. of labor?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your sister's termination.

LegalPro54 :

California law actually requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. (Labor Code Section 1198.5) Inspections must be allowed at reasonable times and intervals. To facilitate the inspection, employers must do one of the following: (1) keep a copy of each employee’s personnel records at the place where the employee reports to work, (2) make the personnel records available at the place where the employee reports to work within a reasonable amount of time following the employee’s request, or (3) permit the employee to inspect the records at the location where they are stored with no loss of compensation to the employee.

LegalPro54 :

Unfortunately, there is no easy way to prevent an employer from altering or destroying part of a personnel file.

LegalPro54 :

However, if it is apparent once the record is obtained that the record has been modified, this would be a serious offense and would be reportable to the Department of Labor.

LegalPro54 :

An employer may face fines and sanctions for engaging in such illegal conduct.

LegalPro54 :

It is unlikely that criminal charges would arise from this alone. However, if they attempted to rely upon the fabricated personnel report in a proceeding under oath, they would be committing perjury, which can be criminally prosecuted.

LegalPro54 :

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.

Patrick, Esq., Lawyer
Satisfied Customers: 6753
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 4 other California Employment Law Specialists are ready to help you
Expert:  Patrick, Esq. replied 2 years ago.
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