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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2822
Experience:  Exclusively practice labor and employment law.
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I recently requested my employment file under the Bullard-Plawecki

Resolved Question:

I recently requested my employment file under the Bullard-Plawecki Act and my employer only sent part of my file(basically all the papers I signed when I was hired). There are no other documents that have accummulated in my file over the past 2 years. What can I do about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

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?
Expert:  John replied 1 year ago.
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Expert:  John replied 1 year ago.
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.
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 willful and knowing violation of this act, $200.00 plus costs, reasonable attorney's fees, and actual damages.
I'd recommend you thoroughly review the statute at his website:
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
Let me know if you have any follow-up questions or concerns. I'm happy to answer.
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.
Expert:  John replied 1 year ago.
Sorry, I just saw your response. Being that you are in a union, you also have the ability for the union to file an unfair labor practice charge for failing to provide information in response to a grievance.

As to your second question - how do you prove they are not sending you things - you can do one of two things - 1) have them send the file solely to your union representative - the rep has no reason to lie and they are less likely going to try to pull something over against a rep than they are an employee. 2)take the entire file you received from them and copy it and scan/email or fax it back to them with a message, "this is the entire file I received from you in the mail. I see nothing in this file relating to past complaints against me. If this is not the entire you sent to me or there are other documents that have been omitted please inform me of the same. Otherwise, I will assume there are no additional documents or prior complaints against me in the file." Be sure to save this correspondence as you may later need it in grievance arbitration or a lawsuit.

Hope this helps
Customer: replied 1 year ago.
I was going to e-mail them with the entire file copied asking them to confirm this is the entire file.....but what if they do not reply as they have done in the past? They have also lied and gave false information to the Union and then later say they didn't understand or I thought that was all you needed, and then try to sweep it under the rug. They will lie and lie....that is how they operate. Worst company I ever worked for ethically.
Expert:  John replied 1 year ago.
That's why you put the message on the email " If this is not the entire you sent to me or there are other documents that have been omitted please inform me of the same. Otherwise, I will assume there are no additional documents or prior complaints against me in the file." If this eventually goes to a hearing or court - then you can object to their entering this evidence against you because it was not produced.

Your union really should be helping you more here - you have rights to the documents under the labor relations act and its an unfair labor practice not to supply the documents.
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2822
Experience: Exclusively practice labor and employment law.
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