Hello again, Tom, and thank you for the additional information.
Yes, it is hard to believe the employer would not have anything in your file with regard to your termination and is likely withholding documents from you.
Where an employer refuses to provide copies as requested, you should typically 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. 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.
Here is a link that sets out this information:
If the employer continues to refuse to turn over the documents, you may need to retain a local employment law attorney to aid in compelling them to provide copies of such documents.
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