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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have been told that I am to be disciplined for an attitude

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I have been told that I am to be disciplined for an attitude problem after having an argument with my supervisor (to this date, I have received very positive employee reviews two from this supervisor). I have been shown no complaints, although I know of at least two incidents where individuals have complained about me. Although I did ask to see the complaints at the time (I felt that I should at least know the specifics), I was told that I would not be shown the complaints at all. A friend has told me confidentially that I am to be placed on probation and closely supervised for 30 days. Do I have any legal options at this time? Can my employer be legally forced to show me the complaints?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, your employer is not under an obligation so who you the complaints that were made about you. Most employers choose not to show these complaints to the employees being investigated due to confidentiality concerns, and since normally their annoymity is promised when they make a complaint.

Unfortunately, unless you are a union member or have a contract with your employer, there is no way to legally force your employer to show you the complaints, unless they are part of your personnel file.

If they are part of your personnel file, you are legally entitled to view your file and make copies (at your own expense) under California Labor Code Section 1198.5.

A link to the code section is here:

http://law.onecle.com/california/labor/1198.5.html

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you

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