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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Dir Hearing

    I am not in your state. However, my state also gives employees the right to view their file.

    My employer has over 18,000 employees. We receive approximately 8 requests per year for employee files.

    Prior to coming to work for this employer I worked mostly for smaller companies with between 50 and 150 employees total. In the twenty years prior to my coming to work for my current employer, I recall making copies of 2 employee files. 2 in twenty years.

    Feel free to do the math yourself.

  2. #12
    Join Date
    Feb 2008
    Posts
    1,127

    Default Re: Dir Hearing

    In my last 13 1/2 years in HR generalist/manager positions (both depts of 1), I've never had an employee request to view their file. I've had a handful ask for a copy of a specific document (offer letter, background check, beneficiary form, etc), but never for a whole file. I've had one spouse's attorney ask in a divorce situation, but we asked the attorney specifically what they were looking for (pay history) and gave them that. And if asked, I would have consulted legal counsel prior to giving out the "whole" file.

    Not sure what documents OP has a legal right too, but he should consult his attorney on that!

  3. #13
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting PayrolGuy
    View Post
    I told you in post number 4 of this thread the documents might not be in your file. I also showed you the law where the file must be requested in writing. Since you decided to request them in an email instead the employer has not violated the law.

    It really doesn't matter what percentage of employees request to see their file and it would be impossible to track if it did matter.
    I didnít realize it made a difference. Thanks

    Itís not about tracking or an exact %. Iím sure you know what Iím trying to say. I donít see many people asking to view their personnel file while theyíre still employed.

    I can appeal his decision but thereís really no reason for it anymore. I requested them to prepare for my WC trial but the trial is over. Coincidence, this hearing was scheduled after my trial was completed.

    Quote Quoting hr for me
    View Post
    In my last 13 1/2 years in HR generalist/manager positions (both depts of 1), I've never had an employee request to view their file. I've had a handful ask for a copy of a specific document (offer letter, background check, beneficiary form, etc), but never for a whole file. I've had one spouse's attorney ask in a divorce situation, but we asked the attorney specifically what they were looking for (pay history) and gave them that. And if asked, I would have consulted legal counsel prior to giving out the "whole" file.

    Not sure what documents OP has a legal right too, but he should consult his attorney on that!

    Thatís exactly my point. The DIR rep knows this better than most. I felt like he was mocking me by asking for something he knew I would not have or seen. The hearing judge in my WC case also requested for something he knew I would never have.

    If theyíre going to be this technical about the proceedings, they should not have the hearing without an attorney present.

    Quote Quoting cbg
    View Post
    I am not in your state. However, my state also gives employees the right to view their file.

    My employer has over 18,000 employees. We receive approximately 8 requests per year for employee files.

    Prior to coming to work for this employer I worked mostly for smaller companies with between 50 and 150 employees total. In the twenty years prior to my coming to work for my current employer, I recall making copies of 2 employee files. 2 in twenty years.

    Feel free to do the math yourself.
    Quote Quoting cbg
    View Post
    I am not in your state. However, my state also gives employees the right to view their file.

    My employer has over 18,000 employees. We receive approximately 8 requests per year for employee files.

    Prior to coming to work for this employer I worked mostly for smaller companies with between 50 and 150 employees total. In the twenty years prior to my coming to work for my current employer, I recall making copies of 2 employee files. 2 in twenty years.

    Feel free to do the math yourself.
    I filed the claim because the WC defense attorney sent me a copy of my personnel file that had a letter painting me as a fraud. Anyone who reads that letter would side with them.

    What Iím most concern about are the 3 reports that HR used to fire me. The mediator said those were from loss prevention and does not have to be in my personnel file. This does not sound right at all.

    The employer does not have any evidence as to why they terminated me. The three reports were just complaints from co-workers accusing me of theft. The only thing that I receive was a change of relationship letter.

  4. #14
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Dir Hearing

    How many times have we explained employment at will to you?

    They don't NEED evidence of why they termed you. They don't NEED to articulate a reason why they fired you. They don't actually even need a reason.

    As long as they can show that they DIDN'T fire you BECAUSE you filed a workers comp claim, they're good to go.

    It is by no means unusual and in some states it may be required (I'm a bit out of practice on state laws) for documentation related to any workers comp, FMLA or ADA issues to be held in a separate file NOT the personnel file.

  5. #15
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting cbg
    View Post
    How many times have we explained employment at will to you?

    They don't NEED evidence of why they termed you. They don't NEED to articulate a reason why they fired you. They don't actually even need a reason.

    As long as they can show that they DIDN'T fire you BECAUSE you filed a workers comp claim, they're good to go.

    It is by no means unusual and in some states it may be required (I'm a bit out of practice on state laws) for documentation related to any workers comp, FMLA or ADA issues to be held in a separate file NOT the personnel file.

    I understand that. Iím referencing to my WC claim. I just donít understand why Iím not receiving WC benefits if they terminated me after I was injured. If this is legal, is WC necessary? Couldnít they just terminate everyone after they filed a claim?

  6. #16
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: Dir Hearing

    Quote Quoting Fallguy
    View Post
    I just don’t understand why I’m not receiving WC benefits if they terminated me after I was injured.
    At some point, you were told why you weren't getting benefits this is a 100% dead certainty if there was a WC trial.

    My bet is that you were released to full duty.

  7. #17
    Join Date
    Feb 2008
    Posts
    1,127

    Default Re: Dir Hearing

    lost wages under WC would generally stop if you are terminated for another reason (especially something they are calling gross misconduct). From what you have stated previously, you lost your job because three employees accused you of theft. That would be a valid reason to terminate and stop lost wages in my state(s). Not sure about yours. But it could just as easily be that you were returned to full duty....

    Any WC injury medical costs would generally continue.

    i know you've posted random details and questions out here for a while, but it's hard to keep timelines and details straight. As you have been told before the only one that can really do that and see the impact of one thing on another is going to be the lawyer that you didn't take to this hearing. I forget if you even have one for this part of your complaint. As has been said before, this is not a DIY project if you truly have a case and want to actually win something.

  8. #18
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting PayrolGuy
    View Post
    At some point, you were told why you weren't getting benefits this is a 100% dead certainty if there was a WC trial.

    My bet is that you were released to full duty.
    Quote Quoting PayrolGuy
    View Post
    At some point, you were told why you weren't getting benefits this is a 100% dead certainty if there was a WC trial.

    My bet is that you were released to full duty.
    I still have restrictions and Iím not mmi.

    I went to two days of trial and Iím just waiting for the judges decision. The trial was for ttd benefits and the employer was disputing that they would have modified duty had I not been fired.

    On the first day of trial, they brought reports that accused me of theft. These accusations were made after I was injured and the dates of missing money were also after I was injured. Keep in mind that I never returned to work after I was injured.

    They were more prepared for the second day of trial because they had an extra 2 months. They kept it short and only remembered that they had to wait until I returned before they terminated me. They testify that the policy I violated is automatic termination but did remember why they did not addressed it the month before I was injured.

    I believe that they were working on a plan to terminate me because I reported illegal activities. Unfortunately, I was injured and they complicated things for them. They thought they caught a break when they saw the wrong doctors first report of injury.

    The report said I did not have any injury and I can return to work the following Monday. Thatís why the carrier denied my claim for no medical evidence. That report was only to excuse me for the day because the doctor did not evaluate me. He evaluated me a few days later and modified my work.

    They didnít see the report with restrictions until two months later. They had already sent the denial letter and could not change their reason. If I was truly terminated for misconduct, wouldnít it be easier to deny my claim for that?

    Quote Quoting hr for me
    View Post
    lost wages under WC would generally stop if you are terminated for another reason (especially something they are calling gross misconduct). From what you have stated previously, you lost your job because three employees accused you of theft. That would be a valid reason to terminate and stop lost wages in my state(s). Not sure about yours. But it could just as easily be that you were returned to full duty....

    Any WC injury medical costs would generally continue.

    i know you've posted random details and questions out here for a while, but it's hard to keep timelines and details straight. As you have been told before the only one that can really do that and see the impact of one thing on another is going to be the lawyer that you didn't take to this hearing. I forget if you even have one for this part of your complaint. As has been said before, this is not a DIY project if you truly have a case and want to actually win something.
    Isnít that a little too easy for the employers to terminate their employees? Did you consider that these reports and accusations were made after I was injured? Not to mention the dates were also after I was injured. How did I steal money when I was on medical leave.

    Again, I still have restrictions and Iím not mmi and wonít be anytime soon.

  9. #19
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Dir Hearing

    How in heaven's name do you expect her, or anyone, to "consider" when something happened when you have never, not once, on this forum or any other, given us a clear timeline of what happened?

  10. #20
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting cbg
    View Post
    How in heaven's name do you expect her, or anyone, to "consider" when something happened when you have never, not once, on this forum or any other, given us a clear timeline of what happened?
    Quote Quoting cbg
    View Post
    How in heaven's name do you expect her, or anyone, to "consider" when something happened when you have never, not once, on this forum or any other, given us a clear timeline of what happened?
    I thought I mentioned it here before. I apologize if I havenít.

    I was fired the day I took the doctors note to my manager. A few weeks later, the adjuster called to see if they were accommodating my restrictions. I told her no because I was fired. The adjuster said she will look into it and call me back.

    I received an accepted letter the next day. A few days after that, I received a change of adjuster letter. I never spoke to the new adjuster but he denied my claim on his second day on the case.

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