Legal Question in Employment Law in California

employee file for the world to see..

My position was ''terminated'' due to budgetary reasons, (it was really just their way of firing me after getting involved in another employees mess-I witnessed sexual harrassment and was told if I remained her friend-and was witness to another episode-I'd be fired-that is exactly what happened-) Anyway, I am involved in a lost wage claim with this company as well. My question is...

Is there not some type of law that protects my personnel file after I am terminated? I recently found out from an employee who has left the company (in part she lost her job or looking at this information) that my personnel file was left in one of the Human Resource Sr. Directors computer email box w/out being passworded-so the entire company had access to my entire history, as well as my wage claim-etc..


Asked on 9/26/03, 2:37 pm

3 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: employee file for the world to see..

It sounds like you have a good retaliation and wrongful termination claim for the termination -- if you were fired in 2002 or later, you have two years to bring that claim; there may also be privacy and/or negligence claims against the company for leaving your personnel file exposed in that manner -- it would make sense for you to pursue all of these claims at one time, as opposed to just the wage claim.

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Answered on 10/22/03, 9:31 am
Donald Holben Donald R. Holben & Associates, APC

Re: employee file for the world to see..

You have many things occuring here. Contact an attorney to discuss in person. Don Holben 800-685-6950

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Answered on 10/22/03, 12:56 pm
Terry A. Nelson Nelson & Lawless

Re: employee file for the world to see..

IF you can show termination related to your helping/witness testimony in another's sexual harassment matter, you too are protected by the discrimination laws. However, you have ONE year to file necessary claims on that issue, two years on the contract based claims. Contact a local, experienced attorney, or me, promptly if still within that time limit.

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Answered on 10/22/03, 1:17 pm


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