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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I live in the state of Florida, where we currently have no

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I live in the state of Florida, where we currently have no right to see our personnel file (unlike other states like California, Connecticut, Illinois, Maine Massachussetts or Alaska, for example). I was wondering if I was to transfer to one of those states, *how long* would I have to wait to qualify for the right to see my personel file under the new state's statutes? My company is an extremely large private corporation, not a branch of the state government.
JA: Our average wait time is under 20 minutes. Sometimes it takes just a minute. More complicated questions that need more research might take an hour or two. I'd be happy to chat with you while you wait. The stories I've heard working here... Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida.
JA: Has anything been filed or reported?
Customer: No. They place something in my file, which normally requires my signature (as well as a manager's), and they know I'm absolutely certain about it. The managers and the particular team members who like them are circling the wagons', so to speak, because they knew what this manager did was wrong, and could lose his job (possibly), or no longer be promoted.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that's all I've got for now. Thank you.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

I am not aware of any "waiting time" provision in any of the state statutes that entitle an employee to review their personnel file. I am in California personally, and I am very familiar with California's personnel file statute (Labor Code 1198.5) and I am certain there is no requirement that an employee "wait" a certain amount of time before requesting their file there. The general principle in all states is that the laws of that state apply to your employment as soon as you perform work from there. So, I would think that if you are going to transfer to one such state you would be able to request your file as soon as you did.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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I just wanted to follow up because I have not heard back from you and this question is still open. Was there anything more I can do for you? If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Customer: replied 11 months ago.
I just wanted to clarify that this multinational corporation that I work for (that has branches in both Florida, Calfornia, and many other states) will likely resist giving me my combined FL and CA personell file. I want to be sure that if I work even for one hour in CA the immediately apply for my personell file, and then immediately resign, that I'll have the backing of this statute to go after my entire personell file (FL and CA), since the FL part would have transferred to the CA store.

I am aware of absolutely no qualification to the California laws which provide that (1) CA law applies to any employee who performs work in the state of CA; and (2) that employees covered by CA law are entitled to review their personnel file, which includes ALL personnel file documents regardless of what state the employee was in when those documents became part of the file. I hope this adequately clarifies things.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the attorneys here are not employees of the site and otherwise do not receive credit for spending time with customers.

Best wishes to you as you move forward here.

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