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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112774
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Merry Christmas! Can I please get help in responding to a

Customer Question

Hello and Merry Christmas!
Can I please get help in responding to a simple HR records request. I need to comply with this by the end of the day on Monday according to the letter sent to an attorney representing a former employee. The statute Cal Lab 226 says I have to respond by Monday.
The letter was dated 12/7 and I was on vacation. upon my return i found it and need to respond.
I also have to respond to CAl Lab 1198.5 but I have 30 days for this instead of the 21 for cal lab 226.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is the question you have about this for us?
Customer: replied 1 year ago.
Can I please get help in responding to a simple HR records request. I need to comply with this by the end of the day on Monday according to the letter sent to an attorney representing a former employee. The statute Cal Lab 226 says I have to respond by Monday.
Theletter was dated 12/7 and I was on vacation. upon my return i found it and need to respond.I also have to respond to CAl Lab 1198.5 but I have 30 days for this instead of the 21 for cal lab 226.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
What type of help are you seeking, since we cannot prepare the response for you nor can we represent you in any legal matters?
Customer: replied 1 year ago.
no, please submit your guidance in writing. thank you
Expert:  Law Educator, Esq. replied 1 year ago.
I am afraid you seem to not understand how this site works.
I know nothing about your situation, nor do I know specifically what assistance you would like.
I cannot represent you or write your response for you. I can only answer any specific question you have about your situation to help guide you, but unless you tell me everything that is going on (not just what you said above twice) and ask your specific question, this site cannot work for you I am afraid.
Customer: replied 1 year ago.
If I have been out of the office on vacation and the company has been shut down for the Holidays, can I get more time to respond?
Customer: replied 1 year ago.
Also, is there a format that is commonly used to respond to 1198.5? checklist of items?
Customer: replied 1 year ago.
The statute says that you get 30 days to respond. if the company is shut down for the holidays, can I add more days to respond as a result? We are closed between 12/24-1/4.
Customer: replied 1 year ago.
OK here is more background for you. We terminated an employee and her legal council has written a "pre suit" letter asking for employee records and payroll records referencing the california statutes above.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Under CA labor code 226, the section says response shall be made as soon as possible not later than 21 days, but a defense to a violation of that section is impossibility of performance not caused by the employer's violation of the law. If your company is closed and the records cannot be accessed until a later time, then this is a basis for getting a reasonable continuance until the company reopens and you can put the information together.
You need to write to the employee or their attorney and inform them the company is closed for the holidays and that you will reply as soon as the company reopens and the records can be accessed and give them a specific date you would respond by with the Labor Code 226 information.
Now, as far as the 1198.5, providing copies of employment records, the law itself provides a list of what needs to be provided, which is everything you keep in the employee's file except the you may redact the name of any non supervisory employee contained in the records.
You may also remove records relating to the investigation of a possible criminal offense and letters of reference. You also do not have to provide copies of ratings, reports, or records that were obtained prior to the employee’s employment or prepared by identifiable examination committee members or obtained in connection with a promotional examination.
Other than those things above you have to provide copies of the contents of the employer's file.

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