How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I have an employment question. I work in a retail store in

Customer Question

I have an employment question. I work in a retail store in Ohio. I requested to see my personal file but I would have to wait as they got it together. It's been a while and they still haven't let me see it. Does the employer have the right to make you
wait or put in or take out files about you. A few years back there was a write up about me but they never went over with me. Can they do that? I guess altogether I'm asking what are your rights as an employee to see your file?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Although some states do have laws that mandate that an employer allow an employee access to their personnel records, Ohio is not one of those states. That means that unless the employer decides to do so voluntarily or there is a bargaining agreement that mandates that they do, they do not have to provide access.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Customer: replied 1 year ago.
The reason for the question was because I told someone about some issues i had with my manager and I beleive he told him what I said, so I'm worried about retaliation. I know retail is a tough subject and the kind of job where the employers can basically do what they want to you. The info you gave was helpful so I know I'm talking to the right person. Any more help you can give me will be really appreciated.
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. Unfortunately, unless an employee has protection through a contract or is retaliated against because they have filed a wage claim, WC claim, OSHA complaint, unlawful discrimination complaint with a government agency, or a similar exercise of a legal right, an employer can take an adverse action against them for any, or no, reason. In other words, Ohio, like most states is an employment "at will" state, so the employer can terminate in any fashion and for any, or no, reason, as long as they aren't doing so in violation of a contract, for unlawful discriminatory purposes, or in retaliation for an employee filing a claim (like those I mentioned.) So, unfortunately, there isn't a lot an employee can do in a situation like this unless they fall into the exceptions I mentioned. Employers have a lot of leeway to be as arbitrary and unfair as they choose. Not much protection for employees.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.