Legal Question in Employment Law in California

My Former Employer refuses me access to my personell file and why I was terminat

I was terminated two months ago from a 'big box warehouse'. The only reason I was given was of Complaints against me. The nature of the complaints was withheld and no further info was allowed me. I admit fault om my part thinking that perhaps the previous day my inappropriate language is what had me terminated. I had used the ''F'' word twice that day and that is the reason I suspect I was fired. However I was never given a real reason and when I had asked to see my file or the nature of the complaint, my former employer refused saying it is company property and the only way to see it is by getting a supeona. All Id like to do is Know the exact reason why I was terminated. Am I entitled to this? I dont need to know names of accusers..just the nature of the complaint..Thanks


Asked on 1/08/02, 1:48 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: My Former Employer refuses me access to my personell file and why I was term

Tell your employer that if they don't allow you to review your personnel file, they are in violation of California Labor Code Section 1198.5. However, the details of the accusation against you may not be in the file and they don't have to give your the particulars. Also, file for unemployment and after EDD contacts the employer, ask EDD what the employer told them about your termination.

Read more
Answered on 1/09/02, 12:43 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California