Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 28
  1. #11
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Employee Personnel File

    Quote Quoting cbg
    View Post
    But what we do not know is whether or not the OP requested specifically the personnel record related to performance. I also have serious questions as to how a 'file from workers compensation" would include anything unrelated to the claim itself, including dates of misconduct, unless that information came from the employer. The workers compensation carrier has nothing to do with performance or misconduct records.

    Having seen several threads from this OP on more than one forum and a rather extensive correspondence over PM, I think it is safe to say that this OP has a very incorrect idea as to how employment records are kept or what the law actually requires.

    And searcher99, the same applies to you.
    I donít know much employment laws or how to request for specific documents that I can legally demand for. The only thing I know is that if itís legal what the employer did to me then these laws need to change.

    I really do not want any part of this company but since theyíve tied me down. I have no choice but to include them so I can get treated.

    In workers comp, if the employer offered you work and they terminated you, the carrier does not have to pay benefits.

    In my situation, they never offered any work. I was terminated when I went to ask why I didnít receive a call back to see if there was modified work available.

    The employer forwarded documents that I return to work then I was terminated for caused. So on record, it looks like I return to work, then I didnít follow procedure and was terminated. Oh, they were kind enough to pay two days of work when I was terminated.

    There was nothing in the handbook about the procedure in question. The actual incident that was used was from a month prior to my injury that HR, my manager and myself filed and documented everything as a closed case.

    I guess Iím the only person in the world that feels this is not right.

  2. #12
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,107

    Default Re: Employee Personnel File

    And trying to help you is just too much energy. I asked you a very specific question that could be answered Yes or No. Instead of answering it you went off on a rant.

    I give up. Someone else can deal with it. I'm done.

  3. #13
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Employee Personnel File

    Quote Quoting cbg
    View Post
    There is nothing illegal about asking for anything you want. Are you asking what you can ask for that they are legally required to provide?

    I apologize, I must have missed this question. I keep getting logged off when I reply. Itís a little weird because if I copy my post then I donít get booted out.

    But yes, I want to know what I can legally ask for.

    Again, I apologize. As I mention in some of my post, Iím trying to fight anxiety disorder without professional help. Sometimes my thoughts get too far ahead so my posts are hard to understand.

    I was having a hard time trying to understand why I was having so much difficulty writing when Iíve never had any problems before but now I know why

  4. #14
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Employee Personnel File

    >>> That at-will thing just doesn’t seem right or make much sense. It just seems like an excuse because the employer will get to write their own version that benefits them. <<<

    The reason it does not make sense is that you are spending the time you should be researching the phrase "employment at will" working on your rants. It is a very simple common law concept in both American and British law, around for hundreds of years. It means you get to quit jobs and the employer gets to fire you WITHOUT CAUSE. Prior to the adaption of employment at will the vast majority of people living in the U.S were either indentured servants or slaves. The big advantage of employment at will terminations is that there is no need for the employer to keep personal files justifying the termination (the opposite of what you just said). The big disadvantage is the employer cannot have an at will termination one day, then change their mind and call it a for cause termination the other day. At will terminations may be legal but they are stupid. You apparently have been blessed with a very stupid former employer and your best play is to ignore the answers and work on your rants?

    I specifically told you CA-DLSE is the enforcement agency for accessing your records. Have you contacted them yet or were you too busy ranting? Have you bothered to look up employment at will yet or have you been too busy ranting?

    I am in agreement with CBG. You have no interest in getting help, just an audience for your rants. Good bye and good luck.

  5. #15
    Join Date
    Nov 2009
    Posts
    829

    Default Re: Employee Personnel File

    Quote Quoting Fallguy
    View Post
    How can I legally request for my file? I sent an email to HR asking for my personnel file and all I got was a very basic file.
    As I stated in my last post, the law applies ďassuming they received a written and properly worded request from the former employee at least 30 days ago.Ē

    Iím not sure that an email request qualifies, so if I were you I would repeat the request using the exact instructions in the law which I linked in my last post. You really need to study that law in its entirety until you understand it well. It is lengthy so I donít like to post all of it, but hereís the part that answers your question:

    Quote Quoting California Labor Code 1198.5(b)(2)
    (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways:
    (i) Written and submitted by the current or former employee or his or her representative.
    (ii) Written and submitted by the current or former employee or his or her representative by completing an employer-provided form.
    (B) An employer-provided form shall be made available to the employee or his or her representative upon verbal request to the employeeís supervisor or, if known to the employee or his or her representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.

  6. #16
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Employee Personnel File

    Quote Quoting DAWW
    View Post
    >>> That at-will thing just doesnít seem right or make much sense. It just seems like an excuse because the employer will get to write their own version that benefits them. <<<

    The reason it does not make sense is that you are spending the time you should be researching the phrase "employment at will" working on your rants. It is a very simple common law concept in both American and British law, around for hundreds of years. It means you get to quit jobs and the employer gets to fire you WITHOUT CAUSE. Prior to the adaption of employment at will the vast majority of people living in the U.S were either indentured servants or slaves. The big advantage of employment at will terminations is that there is no need for the employer to keep personal files justifying the termination (the opposite of what you just said). The big disadvantage is the employer cannot have an at will termination one day, then change their mind and call it a for cause termination the other day. At will terminations may be legal but they are stupid. You apparently have been blessed with a very stupid former employer and your best play is to ignore the answers and work on your rants?

    I specifically told you CA-DLSE is the enforcement agency for accessing your records. Have you contacted them yet or were you too busy ranting? Have you bothered to look up employment at will yet or have you been too busy ranting?

    I am in agreement with CBG. You have no interest in getting help, just an audience for your rants. Good bye and good luck.
    Quote Quoting DAWW
    View Post
    >>> That at-will thing just doesnít seem right or make much sense. It just seems like an excuse because the employer will get to write their own version that benefits them. <<<

    The reason it does not make sense is that you are spending the time you should be researching the phrase "employment at will" working on your rants. It is a very simple common law concept in both American and British law, around for hundreds of years. It means you get to quit jobs and the employer gets to fire you WITHOUT CAUSE. Prior to the adaption of employment at will the vast majority of people living in the U.S were either indentured servants or slaves. The big advantage of employment at will terminations is that there is no need for the employer to keep personal files justifying the termination (the opposite of what you just said). The big disadvantage is the employer cannot have an at will termination one day, then change their mind and call it a for cause termination the other day. At will terminations may be legal but they are stupid. You apparently have been blessed with a very stupid former employer and your best play is to ignore the answers and work on your rants?

    I specifically told you CA-DLSE is the enforcement agency for accessing your records. Have you contacted them yet or were you too busy ranting? Have you bothered to look up employment at will yet or have you been too busy ranting?

    I am in agreement with CBG. You have no interest in getting help, just an audience for your rants. Good bye and good luck.
    Some of it is ranting. Some of it is for taxing matters. To provide some context to get a better understanding.

    I can understand why everyone is frustrated. I am doing everything I can to get away from this employer. If I had a dollar for every time I thought Iíd never hear their name again, I would have plenty of gas in my car.

    I understand at-will and an employee also has that right but an employee doesnít have the option to see to it that the employer continues to lose revenue. The only time employers doesnít appeal unemployment is when the employer closes its door or if itís a lay-off for slow business. Iíve even heard of employers appealing layoffs if its just one or two employees. This is just my opinion on at-will.

    Itís great that an employer can not change from at-will back to cause for termination. How many employers out there are reckless. Theyíve hired experienced professionals so that will never happen. My point was, the employer can say or do whatever they please when you are terminated. They then hand you a letter with no reason for your termination other than you are discharged. From there, the write an entire novel of the reason you were terminated and send it to edd or whoever else they need to to make sure that you will not receive any benefits.

    And if the employee can somehow pay for an attorney, where would he get the proof? The employee personnel files has nothing on it. Perhaps his co-workers will be his witness. Nope, the witness gets a promotion and he has nothing to gain by talking so itís better to not say anything. Letís also not forget that these professionals can also get former coworkers to record your coworkers saying negative statements about your character.

    Is the CA-DSLE available today?

    I highly respect CBG knowledge in employment laws. Its just that every page I turn, thereís something new I have to overcome.

    Itís one of those situations where youíve walked away but the bully keeps taunting and pushing you. Eventually you will have to turn around and fight.

    Quote Quoting searcher99
    View Post
    As I stated in my last post, the law applies ďassuming they received a written and properly worded request from the former employee at least 30 days ago.Ē

    Iím not sure that an email request qualifies, so if I were you I would repeat the request using the exact instructions in the law which I linked in my last post. You really need to study that law in its entirety until you understand it well. It is lengthy so I donít like to post all of it, but hereís the part that answers your question:
    Thank you searcher. I really appreciate the effort to not question my intelligence.

    Thatís definitely deserving of 5-star answer.

  7. #17
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Employee Personnel File

    "The only time employers doesnít appeal unemployment is when the employer closes its door or if itís a lay-off for slow business. Iíve even heard of employers appealing layoffs if its just one or two employees. This is just my opinion on at-will."

    What the heck are you talking about here, and what on earth would this have to do with any of your previous questions? Unemployment insurance and employment and termination at-will and worker's compensation are completely different things. Unemployment compensation is a totally different thing, controlled by a whole set of very specific governmental and state laws. NOT related to workers comp.

    The reason you don't understand labor laws is that really, there are not many of them to understand. You seem to be floating in a cloud of ideas about what goes and doesn't go and what is fair and unfair, and what employers should and shouldn't legally have to do. Hint: Not much. As long as they pay you minimum wage, use appropriate OSHA safety standards for the job, carry the mandated Worker's Comp coverage and follow federal guidelines for EEOC and FMLA etc. you're looking at about all there is. And they can terminate you for whatever they want to terminate you for, and that's all there is. At will.

    Apparently you filed a worker's comp claim, were terminated, filed for unemployment insurance, and from there, we have no idea where you're going or what all you are hashing up together. Hopefully, the DSLE which will be open during normal business hours may be able to help you figure out if you have any rights concerning what ever it is you are asking, and whether or not your rights have been violated in any way. They're getting paid to listen and try to help, anyhow.

  8. #18
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Employee Personnel File

    Quote Quoting comment/ator
    View Post
    "The only time employers doesnít appeal unemployment is when the employer closes its door or if itís a lay-off for slow business. Iíve even heard of employers appealing layoffs if its just one or two employees. This is just my opinion on at-will."

    What the heck are you talking about here, and what on earth would this have to do with any of your previous questions? Unemployment insurance and employment and termination at-will and worker's compensation are completely different things. Unemployment compensation is a totally different thing, controlled by a whole set of very specific governmental and state laws. NOT related to workers comp.

    The reason you don't understand labor laws is that really, there are not many of them to understand. You seem to be floating in a cloud of ideas about what goes and doesn't go and what is fair and unfair, and what employers should and shouldn't legally have to do. Hint: Not much. As long as they pay you minimum wage, use appropriate OSHA safety standards for the job, carry the mandated Worker's Comp coverage and follow federal guidelines for EEOC and FMLA etc. you're looking at about all there is. And they can terminate you for whatever they want to terminate you for, and that's all there is. At will.

    Apparently you filed a worker's comp claim, were terminated, filed for unemployment insurance, and from there, we have no idea where you're going or what all you are hashing up together. Hopefully, the DSLE which will be open during normal business hours may be able to help you figure out if you have any rights concerning what ever it is you are asking, and whether or not your rights have been violated in any way. They're getting paid to listen and try to help, anyhow.
    [QUOTE=comment/ator;1106435]"The only time employers doesnít appeal unemployment is when the employer closes its door or if itís a lay-off for slow business. Iíve even heard of employers appealing layoffs if its just one or two employees. This is just my opinion on at-will."

    What the heck are you talking about here, and what on earth would this have to do with any of your previous questions? Unemployment insurance and employment and termination at-will and worker's compensation are completely different things. Unemployment compensation is a totally different thing, controlled by a whole set of very specific governmental and state laws. NOT related to workers comp.

    The reason you don't understand labor laws is that really, there are not many of them to understand. You seem to be floating in a cloud of ideas about what goes and doesn't go and what is fair and unfair, and what employers should and shouldn't legally have to do. Hint: Not much. As long as they pay you minimum wage, use appropriate OSHA safety standards for the job, carry the mandated Worker's Comp coverage and follow federal guidelines for EEOC and FMLA etc. you're looking at about all there is. And they can terminate you for whatever they want to terminate you for, and that's all there is. At will.

    Apparently you filed a worker's comp claim, were terminated, filed for unemployment insurance, and from there, we have no idea where you're going or what all you are hashing up together. Hopefully, the DSLE which will be open during normal business hours may be able to help you figure out if you have any rights concerning what ever it is you are asking, and whether or not your rights have been violated in any way. They're getting paid to listen and try to help, anyhow.[/QUOTE

    What i am asking is fairly simple but everyone is asking so many question and Iím trying to reply and give helpful information so that I can be pointed in the right direction.

    There are three parties involved. The employer, the IC and myself. There was unemployment but thatís been clarified.

    Iíve said on many post that I do not want any part of the employer. I just want to receive the benefits that anyone who was injured on the job is entitled to.

    The insurance carrier continues to use my termination to deny benefits. Every workerís compensation experts has already said that being terminated has nothing to do with workers compensation. The judge himself said the same thing. I too agree with the judge.

    However, there no benefits, no treatments and all the IC is doing is buying time to force me to take a settlement. The extra time also allows them to play games with the pqmeís so they donít report a wpi rating.

    Since the IC is so firm and is willing to go to trial and have the employer come to testify, Iím preparing to go to trial and see what the employer will say.

    Quote Quoting searcher99
    View Post
    I can offer some observations taken from the state law, but have no experience beyond that.


    Based on the exact wording of Labor Code ß 1198.5(a) (bolding added):

    ďEvery current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employeeís performance or to any grievance concerning the employee.Ē

    The term ďpersonnel recordsĒ appears 21 times in the section.



    Since dates of misconduct are definitely ďrelating to the employeeís performanceĒ and these dates are present in the workers compensation file, it would appear that the employer has failed to provide some of the required information assuming they received a written and properly worded request from the former employee at least 30 days ago.

    According to ß 1198.5(k):

    ďIf 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.Ē
    I went to the labor commissioner office and they said the employer should have included performance records. I asked them what I needed to do to get those records but it sounds like the employer doesnít have to if they donít want to. All I can do to is file a claim for penalty. So I just filed out the claim form.

    They mentioned I have to go to a hearing and have them pay the penalty. She wrote down $750. Who do they pay that to and can I have them provide the records that Iím legally entitled to?

    Thanks

  9. #19
    Join Date
    Jul 2018
    Posts
    115

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    I filed a complaint with the department of industrial relation to get my personnel file. I have an appointment to meet one of their representatives but I was told that they cannot make them give me the file. They said they can only penalize them.

    The reason I file the complaint is because I wanted to see the rest of my file or why there wasnít anything in my file. What good will that penalty be if they keep it.

    Is there another way to know if there should be anything else in it?

  10. #20
    Join Date
    Jan 2016
    Posts
    412

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting Fallguy
    View Post
    I filed a complaint with the department of industrial relation to get my personnel file. I have an appointment to meet one of their representatives but I was told that they cannot make them give me the file. They said they can only penalize them.

    The reason I file the complaint is because I wanted to see the rest of my file or why there wasn’t anything in my file. What good will that penalty be if they keep it.

    Is there another way to know if there should be anything else in it?
    How can anyone prove something doesn't exist? Seriously -- you're asking questions that there aren't answers to. Did you get performance reviews when you were working there? Then one can presume they'd be in your file. But you seem to be asking how to find out WHY something isn't in your file -- how can anyone, but the parties involved, answer that?

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 1 2 3 LastLast

Similar Threads

  1. Can a Short-Term Temporary Worker File a Workers Comp Claim
    By linda1221 in forum Worker's Compensation
    Replies: 1
    Last Post: 02-04-2011, 02:10 PM
  2. Civil Claim and Worker's Comp
    By tiff70 in forum Worker's Compensation
    Replies: 1
    Last Post: 07-19-2009, 07:19 AM
  3. Worker Comp Claim
    By ankleman in forum Worker's Compensation
    Replies: 1
    Last Post: 04-05-2009, 06:26 AM
  4. Hiring: Not Hiring Somebody Because Of A Worker's Comp Claim
    By bh2664 in forum Employment and Labor
    Replies: 3
    Last Post: 05-09-2008, 04:22 PM
  5. Worker's Comp Claim Dismissed
    By win4d in forum Worker's Compensation
    Replies: 1
    Last Post: 09-18-2007, 07:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources