EmplmntLaw1 : Hi, thanks for submitting your question today, and I'm sorry to hear about the issue you are having. There are one or two things you can do here. First it may be wise for you to contact the HR department or person in charge of records to explain what is missing and demand it be produced. If you are ultimately not able to get them to comply this way, then you have the right under the Bullard Plawecki Act to sue the employer in county circuit court to comply.
EmplmntLaw1 : The statute specifically states : 423.511 Violation; action to compel compliance; jurisdiction; contempt; damages.Sec. 11.If an employer violates this act, an employee may commence an action in the circuit court to compel compliance with this act. The circuit court for the county in which the complainant resides, the circuit court for the county in which the complainant is employed, or the circuit court for the county in which the personnel record is maintained shall have jurisdiction to issue the order. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee prevailing in an action pursuant to this act the following damages:(a) For a violation of this act, actual damages plus costs.(b) For a wilful and knowing violation of this act, $200.00 plus costs, reasonable attorney's fees, and actual damages.
EmplmntLaw1 : I'd recommend you thoroughly review the statute at his website:
EmplmntLaw1 : http://www.legislature.mi.gov/%28S%28v0ph1045gkczv145q23m2vvz%29%29/mileg.aspx?page=getobject&objectname=mcl-Act-397-of-1978&query=on&highlight=bullard%20AND%20plawecki
EmplmntLaw1 : Let me know if you have any follow-up questions or concerns. I'm happy to answer.
EmplmntLaw1 : I believe this answers your question. However, if you have any follow-up questions I'll be happy to continue our conversation. Otherwise please leave a positive rating, as it is the only way I get credit for my answers. You are not charged anything additional for leaving a positive rating, but the website does not credit me with an answer unless you leave a positive rating. Thanks and good luck with the matter.
Customer: The General Manager has vaguely stated in my grievance meeting to 2 union representitives that there are alledged complaints against me in the past. They also have other issues that they are claiming in the past, but are not being specific. I was fired falsely and they are either making things up that are not in my file or refusing to present them to me. The reason I requested the file and I specifically requested "everything," was to find out what they are basing their strict refusal to never let me come back. They were not happy with me after I filed a complaint with the labor relations board over a year ago as well as grievances (most people were afraid to contest anything with them). They are known to lie and take advantage of people. I believe they are withholding information to make it difficult for me. Also, how do I prove they didn't send me something if they will more than likely claim they sent it all via mail. I am the only one who sees the mail when I open it and it would be my word against theirs. Meaning they will say "we sent that" when iin all reality they didn't. Do I have it opened in front of a publicly respected official?