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My employer refuses to give me all my personnel files

Customer Question
My employer refuses to...

My employer refuses to give me all my personnel files including 2 grievance letters uses to reprimand me.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I sent a request to my supervisor citing ca labor law 1189.5.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No attorneys

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At will

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
It's a private christian school. The letters were read to the board of directors and she said thay since they are "not in my file, she diesnt have to give me a copy if them."
Customer reply replied 4 months ago
34;Parents' privacy"
Answered in 1 hour by:
3/20/2018
Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,614
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your employment law question today. I'm attorney Bill assisting you with your question that you posted earlier.

Yes, you are entitled to inspect and to a copy of your employment records.

Failure to do so is contrary to labor law

"(k) If an employer fails to permit a current or former employee, or his or her representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided in this section, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer."

You can file a complaint here with the labor commissioner's office:

https://www.dir.ca.gov/dlse/

Your employer will need to justify refusal to comply with the code provision with the labor commissioner.

If you are suing your employer you can request the letters as part of the evidence discovery process by submitting a subpoena request.

We are here to help so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

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Customer reply replied 4 months ago
Bill, I already knew the law on that. Can they say that they are protecting the parents' "right to privacy" when the parents wrote a derogatory letter about me that was read to 5 board members and used as a grievance against me even though they wouldn't tell me what the grievance was?
Customer reply replied 4 months ago
I signed an arbitration agreement when hired. Does that change anything?
Lawyer: Bill Attorney, Lawyer replied 4 months ago

They can put forward the argument that the parent's letter isn't part of your file and employment records as it is filed with HR rather than your personal records.

Because they are relying on the grievance letters they become relevant and accessible to you either an administrative hearing or judicial hearing in relation to your employment and termination.

As the letter become part of the evidence on record.

I have opened up your call request to another attorney .

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

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Customer reply replied 4 months ago
because they used the letters as a reprimand to me, they are now "part of my personnel files" that they have to copy for me? Whether they're officially in my file or not?
Customer reply replied 4 months ago
How does the arbitration agreement fit in?
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