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  1. #1
    Join Date
    Jan 2015
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    6

    Default Can an Employer Use Evidence Not in Personnel File for an Unemployment Contest

    My question involves labor and employment law for the state of: California

    I was in a supervisory role at a small start-up company, employed for 1.5 years. Only had one meeting with my boss regarding a complaint of a co-worker against me over 1 year ago that was resolved. I was terminated a few weeks ago and was only given the reason that I "wasn't a good fit". After termination I was curious as to why I was let go so I requested a copy of my personnel file hoping that it might shed some clues. I was only mailed a copy of my W-2 form and original employment application and nothing else. My employer has since contested my UI claim and I'm now scheduled for a hearing. I'm now wondering are they able to present any evidence or argument that is not a part of my personnel file? What documents are considered to be a part of my file? For preparing for the hearing, am I able to request any of my emails that were sent/received on my company email account?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can an Employer Use Evidence Not in Personnel File for an Unemployment Contest

    The employer can use evidence not included in your personnel file. You are entitled to receive a copy of anything they file with UI, but there is no rule of discovery for the UI application process whereby you can demand evidence they have but are not submitting. Their personnel file contains whatever they put in the file, which could be a great deal or could be next to nothing.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,718

    Default Re: Can an Employer Use Evidence Not in Personnel File for an Unemployment Contest

    Its also going to boil down to credibility to a great extent. You were told that you were fired for being a "bad fit". Since they did not articulate a willful misconduct reason for firing you, they are going to have a hard time prevailing.

  4. #4
    Join Date
    Jan 2015
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    1,142

    Default Re: Can an Employer Use Evidence Not in Personnel File for an Unemployment Contest

    Memorize and use the phrase, "I did my job to the best of my abilities, I had no idea that my performance was not adequate. I always tried to do the best I could, I had no idea my job was in jeopardy." If you had no warnings or indications that your performance was not up to snuff, be sure to throw that into the mix.

    What is in your personnel file isn't important. What you say, versus what they say, is how the decision is going to be made. you tell your side of the story, which is that you had no feedback that showed your performance wasn't measuring up, you had no opportunity to change you behavior and keep your job.

    "Not a good fit" is a very poor reason to terminate, and will probably be found to be non-fault on your part. If you weren't working out, but they didn't tell you, didn't let you know how you weren't working out, gave you no opportunity to change your behavior and keep your job, then it's a non-fault termination. The system has not sacred regard for personnel files. They work under the assumption that both you and the employer may not be telling the truth. they select the most believable of the two sides to this story.

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