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Category: California Employment Law
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Im currently in the process of an administrative hearing with

Resolved Question:

Im currently in the process of an administrative hearing with a california community college. I've served as union president for over 8 years and did not run for re-election after my term was up. two weeks later the HR director initiated an investigation regarding a $500 dollar contribution that was made to my chapter. He is alleging that I misused the funds for personal use. The contribution in question occurred two years ago. I feel that this is his way of getting back at me for all the cases I won against him during my tenure as union president.

I believe the HR director has acted in bad faith by coming after me and acting as complaintant and prosecutor. He was the one who initiated the complaint, conducted the investigation, conducted the skelly hearing and ultimatley made the recommendation to terminate me. During this process, I was removed from my office and soon after, I requested access to my office so that I could gather important evidence to defend myself. I have a chain of emails in which my union rep and I are requesting access to these records. HR has not complied to these requests and I just found out that he entered my office and removed these records from the office. He refuses to provide me copies of notes, emails, etc. that I consider vital evidence to defend myself.

Is this legal? Can he tamper with this evidence knowing very well that we have made requests for access and knowing that these records are vital to my defense?

Thank you.
Submitted: 6 years ago.
Category: California Employment Law
Expert:  PaulmoJD replied 6 years ago.
He is not "tampering" with evidence, that implies he is altering it or destroying it. You have the right to subpoena the evidence in your defense in the administrative hearing and at this point your union should have appointed the union attorney to represent you in this hearing and he should have file a subpoena for the information you are seeking. Up to the actual appeal hearing, the employer did not have to turn over any of the evidence, but if you are now at the arbitration or appeals hearing you have a right to request them to produce the documentation that is required for your defense.

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