Worked in Missouri. Company based in Texas.
I asked a representative from HR and she said I cannot get the information I requested without pursuing legal means.
I want to review my personnel file, with statements from a previous manager. I have reason to believe he documented false and misleading infomation about me, which is why I was deemed to be not eligible for rehire.
So what you are telling me is that I have to file a defamation of character and/or slander against the manager I believe to be the perpetrator and any supervisor who signed off on the paperwork? This may allow me to have access to the records but not necessarily?
This would be a civil claim and I can ask for compensatory and punitive damages against him (and supervisors who approved the documentation) personally? Could I also add the company as a joint defendent?
Thanks for the responses.
Few more things.
If I name my former manager and his boss in the initial suit, shouldn't I also name the company, so that HR gets notice and I can get quicker access to the records. I say this because I could see them pointing the finger to HR about how they cannot release the records without HR (and legal) consent..., thus stalling proceedings.
In terms of the company being named, what if I had recorded statements from the representative in HR who refused to be present during meetings with my manager when I brought it to her attention he was falsifying accounts of our meetings? Could the company be held liable for negligence in that case because she failed to perform her job?
I would assume I would not have to establish an amount in the initial suit against my former manager(s) and the company, especially until I see what is in my personnel records.
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