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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5274
Experience:  Extensive experience representing employees and management
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I have several questions: • Can an NLRB complaint be filed

Customer Question

I have several questions:


• Can an NLRB complaint be filed when a warning for being late is verbally issued where other employee’s and visitors of the business can hear and see the action being taken?
o Causing extreme embarrassment to the employee
• Is an employee entitled to a copy of that warning?
• Can the employee refuse to sign the document?
• Is an employee entitled to review the content of their personnel file? How often?
• Can the employee request copies of the documents in the personnel file?

Thank you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to Justanswer.

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

My goal is to provide you with excellent service today.

I assume that you're represented by a union, since you are asking about an NLRB complaint.

Do you have any reason to believe that your employer has treated you this way due to your activities with the union?
Customer: replied 1 year ago.

No, not represented by a union. I just have those few questions.

Customer: replied 1 year ago.

I am not able to locate the answers

Expert:  Joseph replied 1 year ago.
Hello Carla,

I haven't written the answers yet. I will get them to you shortly.
Customer: replied 1 year ago.

Thank you! I appreciate that. So far I am VERY satisfied with the timely communication!

Customer: replied 1 year ago.

I think i am confused. Have you responded to the questions yet? I am so sorry for not understanding.

Expert:  Joseph replied 1 year ago.
It will take some time to research the answers for you, but I'll get back to you as soon as possible.
Customer: replied 1 year ago.

Ok, thank you! This is all new to me so forgive my ignorance.

Expert:  Joseph replied 1 year ago.
Thanks.
Expert:  Joseph replied 1 year ago.
Hello Carla,

Please find the answers to your questions below in order:

1. No, a National Labor Relations Board complaint is only for union members complaining about an employer’s unfair labor practices. Unfortunately, while your employer’s treatment of you was unethical and inhumane, it is not illegal.

2. As an at-will employee, your employer can really treat you horribly and not violate any law. As long as your employer is not treating you worse than other employees due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex) there is no legal restriction on how an employer can treat an employee. (Except of course, criminal conduct like threatening your life or safety or physically harming you). Otherwise, I regret to inform you that you really have no recourse against your employer for causing you embarrassment in front of co-workers and third parties.


3. No, an employee is not entitled to a copy of the warning, although the employer should be willing to provide one to the employee for his or her records.

4. The employee can refuse to sign the warning, but since as an at-will employee, the employer can terminated the employee at any time for any reason with or without any prior notice, it would not be advisable for the employee to refuse to sign the warning. The employer could respond by suspending and/or terminating the employee for insubordination.

5. Yes, an employee is entitled to see a copy of his or her personnel file at a reasonable time set by the employer, at least once a week. There are no limits on how many times or how frequently an employee can request to view his or her personnel file.

6. Yes, you can also request that you be given a copy of certain documents in your personnel file. You are entitled to receive such documents as long as you are willing to pay the copying cost of making the copies from your personnel file.

I realize that most of the above information is not what you wanted to hear, but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have qualifying or clarifying questions regarding the above.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5274
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I just wanted to thank you again for your assistance. It has been VERY helpful and worth every penny.

Expert:  Joseph replied 1 year ago.
Hello Carla,

Happy to help!

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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Joseph
Joseph
Attorney at Law
3765 Satisfied Customers
Extensive experience representing employees and management