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  1. #1
    Join Date
    Jul 2018
    Posts
    103

    Default Dir Hearing

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

    I requested to view or get a copy of my personnel file last October or November. The employer sent me a copy that only had the handbook and my original application for employment.

    I had an opportunity to ask HR during my WC trial. I asked him why I never know or saw the three reports that was listed as evidence. They told me itís an internal file and they are not mandated to provide me with a ccipy

  2. #2
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Dir Hearing

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

    There is a link to the law. Read it. Since we don't know what they didn't give you we can't say if they should have or not.

  3. #3
    Join Date
    Jul 2018
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    103

    Default Re: Dir Hearing

    Quote Quoting PayrolGuy
    View Post
    http://leginfo.legislature.ca.gov/fa...tionNum=1198.5

    There is a link to the law. Read it. Since we don't know what they didn't give you we can't say if they should have or not.
    They gave me the handbook and my employment application, last paycheck, change of relationship and hiring paperwork.

    I did not receive any paperwork on raises, awards, promotions, internal application, grievances filed and against , disciplinary actions, and definitely not three reports alleging I stole money and force coworkers to pay me money.

  4. #4
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Dir Hearing

    Quote Quoting Fallguy
    View Post
    They gave me the handbook and my employment application, last paycheck, change of relationship and hiring paperwork.

    I did not receive any paperwork on raises, awards, promotions, internal application, grievances filed and against , disciplinary actions, and definitely not three reports alleging I stole money and force coworkers to pay me money.
    Those documents may not be in your personnel file. The probably should be so I'd make a written request as stated in the law and specifically mention documents you know exist.

  5. #5
    Join Date
    Jul 2018
    Posts
    103

    Default Re: Dir Hearing

    Quote Quoting PayrolGuy
    View Post
    Those documents may not be in your personnel file. The probably should be so I'd make a written request as stated in the law and specifically mention documents you know exist.
    I officially requested to view or get copies of my files 8 months ago. I attended one meeting with HR and a department of industrial relations worker but the employer refused to give me copies.

    Iím not sure why but the dir worker made me sit outside and he spoke with HR privately. I sent him an email a month ago to ask what the status of my claim and he told me it takes 3-4 months to get a hearing date. I told him itís been more than 4 months and he never replied.

    Iíve just received the hearing letter last week and Iím not sure what to do at the hearing.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,888

    Default Re: Dir Hearing

    Quote Quoting Fallguy
    View Post

    I’ve just received the hearing letter last week and I’m not sure what to do at the hearing.
    Your attorney will tell you what to do at the hearing.

  7. #7
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Dir Hearing

    Quote Quoting Fallguy
    View Post
    I officially requested to view or get copies of my files 8 months ago. I attended one meeting with HR and a department of industrial relations worker but the employer refused to give me copies.

    I’m not sure why but the dir worker made me sit outside and he spoke with HR privately. I sent him an email a month ago to ask what the status of my claim and he told me it takes 3-4 months to get a hearing date. I told him it’s been more than 4 months and he never replied.

    I’ve just received the hearing letter last week and I’m not sure what to do at the hearing.
    The records must be requested in writing to trigger the law requiring them. Since you are represented that request should come from your lawyer.

    At the hearing, you should do what your lawyer tells you to do.

  8. #8
    Join Date
    Jul 2018
    Posts
    103

    Default Re: Dir Hearing

    Quote Quoting PayrolGuy
    View Post
    The records must be requested in writing to trigger the law requiring them. Since you are represented that request should come from your lawyer.

    At the hearing, you should do what your lawyer tells you to do.
    I requested them in an email. My attorney is not represented me in this hearing. I made the request because I Thought it would be helpful to my WC case.

    I went to a meeting at the DIR and the employer was on the phone. The representative from DIR asked me to sit outside the room while he talked with the employer. He called me in after 15-20 minutes and said he will have to schedule a hearing because the employer did not want to give me my file.

  9. #9
    Join Date
    Jul 2018
    Posts
    103

    Default Re: Dir Hearing

    Can someone make sense of this? I went to the hearing and the mediator wanted me to prove that such documents were in the file. He said I would need to have seen it in there before or have evidence that they should be in my personnel file. What is the % of employees requesting to see their personnel file while employed?
    I asked him about the reports that was not in my file but was used as evidence in my WC case. He told me thereís no law the required the employer to keep a personnel file so itís up to the employer to have one or not.

  10. #10
    Join Date
    Oct 2016
    Posts
    2,857

    Default Re: Dir Hearing

    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.

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