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  1. #31
    Join Date
    Jul 2018
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    107

    Default Re: Dir Hearing

    Quote Quoting cbg
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    That doesn't sound like a win to me.

    Quote Quoting cbg
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    That doesn't sound like a win to me.
    It says, defendant failed to comply with the request from plaintiff to provide a copy of personnel records in a timely manner. Accordingly, plaintiff is entitled to recover penalties pursuant labor code section 1198.5(k) in the amount of $750.00.

    This should say a lot about the employers credibility. Iím going to bet those reports were written after I requested for my personnel records.

  2. #32
    Join Date
    Oct 2016
    Posts
    3,129

    Default Re: Dir Hearing

    Quote Quoting Fallguy
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    I won!!! I canít believe it. The mediator told me I donít have any proof that there was anything other than what was sent to me. He told me that there is no law that requires employers to specify whatís in personnel file.

    Can they appeal? Is there a time frame for them to send the money?
    Why would they appeal something that ruled they didn't have to do anything?

  3. #33
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: Dir Hearing

    The mediator told me I don’t have any proof that there was anything other than what was sent to me. He told me that there is no law that requires employers to specify what’s in personnel file.

    in a timely manner


    In other words, the mediator determined that the records were sent; they just sent them late.

  4. #34
    Join Date
    Nov 2013
    Posts
    6,324

    Default Re: Dir Hearing

    I don't understand the last two posts. OP was awarded $750 because his employer violated the employment code. Did you read the code that the judge cited?

    (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.
    http://leginfo.legislature.ca.gov/fa...tionNum=1198.5

    Why do you continue to beat up on the OP?

  5. #35
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: Dir Hearing

    Because even though he may have won $750, he still doesn't understand what the mediator actually determined or what it means. Because both PayrollGuy and I have spent a great deal of time on more than one forum trying to help this OP and finding ourselves doing nothing but banging our heads against the wall. Because this OP only answers what he thinks we ought to know and not what we ask, so that he ends up asking the same questions all over again that we can't answer because we don't have the relevant information.

    Essentially, because we've both had it up to HERE with him and can't be bothered to waste time celebrating a win that's far less of a win than he believes. Since he won't believe a word we say anyway.

  6. #36
    Join Date
    Feb 2008
    Posts
    1,127

    Default Re: Dir Hearing

    sounds like in the end, he got no more personnel records and got paid out $750 to go away. I have to wonder what he had to pay his attorney to get that $750...sounds like banging your head against a wall

  7. #37
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting cbg
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    The mediator told me I donít have any proof that there was anything other than what was sent to me. He told me that there is no law that requires employers to specify whatís in personnel file.

    in a timely manner


    In other words, the mediator determined that the records were sent; they just sent them late.
    I guess that has some truth to it. They had no choice because the used those 3 reports in my trial. I would never have seen them had it not been for that.

    Could I file another claim for other things that was not in this findings? They did not have anything for promotions, internal application, training, reviews and whatever else should be in there but is not.

    Quote Quoting cbg
    View Post
    Because even though he may have won $750, he still doesn't understand what the mediator actually determined or what it means. Because both PayrollGuy and I have spent a great deal of time on more than one forum trying to help this OP and finding ourselves doing nothing but banging our heads against the wall. Because this OP only answers what he thinks we ought to know and not what we ask, so that he ends up asking the same questions all over again that we can't answer because we don't have the relevant information.

    Essentially, because we've both had it up to HERE with him and can't be bothered to waste time celebrating a win that's far less of a win than he believes. Since he won't believe a word we say anyway.
    I canít get into exact details because of my pending civil case. I should have results from that soon. Then I can list dates, names etc

  8. #38
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,043

    Default Re: Dir Hearing

    I don't want you to list names and dates. I told you that on the other board. But if you're determined to get yourself sued, I guess there's nothing I can do to stop you.

    However, there were many times when I asked you for information and you didn't answer what I asked; you answered based on what you thought I was going to say. THAT was when I needed you to provide things like dates (though not names. I never asked you for names and I still think it would be a problem for you to list them).

    Could I file another claim for other things that was not in this findings? They did not have anything for promotions, internal application, training, reviews and whatever else should be in there but is not.

    This is a perfect example of what I mean.

  9. #39
    Join Date
    Jul 2018
    Posts
    107

    Default Re: Dir Hearing

    Quote Quoting hr for me
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    sounds like in the end, he got no more personnel records and got paid out $750 to go away. I have to wonder what he had to pay his attorney to get that $750...sounds like banging your head against a wall

    I filed and did it on my own. Itís not about the money if you read my other post here. Itís a victory and it says a lot about the employers credibility.

    I decided to update because I wanted to give credit to those who helped me with this claim. Especially the one who explained the labor code. I canít remember the user name but I was able to file this claim with that information.

    Lastly, I updated to show that some of the experts here are highly knowledgeable and helpful.

    Quote Quoting PayrolGuy
    View Post
    Why would they appeal something that ruled they didn't have to do anything?
    After everything Iíve seen and been through at the workers compensation board, anything or nothing is possible here.

    This did change my opinion slightly about DIR. Theyíre not as bad as I thought

    Quote Quoting cbg
    View Post
    I don't want you to list names and dates. I told you that on the other board. But if you're determined to get yourself sued, I guess there's nothing I can do to stop you.

    However, there were many times when I asked you for information and you didn't answer what I asked; you answered based on what you thought I was going to say. THAT was when I needed you to provide things like dates (though not names. I never asked you for names and I still think it would be a problem for you to list them).

    Could I file another claim for other things that was not in this findings? They did not have anything for promotions, internal application, training, reviews and whatever else should be in there but is not.

    This is a perfect example of what I mean.
    Why stop at one claim? These guys went as far as fabricating evidence, stole my personal belongings and used them as evidence.

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