Legal Question in Employment Law in California

My ex-employer has ''misplaced'' my job evaluation

I requested several times from my ex-employer to mail me a copy of my job evaluation/review for 2006. But they tell me that they do not have it in my file. I have repeatedly asked them to do this, but it seems like they do not want me to have it or they are covering something up. Is there any way I can get a copy of my job evaluation legally?


Asked on 8/14/06, 8:45 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: My ex-employer has ''misplaced'' my job evaluation

You may request a review of your file. If it is not in the file, inquire if it has been lost. If yes, what is the effect. Does that mean no wage adjustment? No promotion possibilities? If there is a negative result, request that it be re-done. If no negative effect - it may not be worth pressing.

If you signed the document you are entitled to a copy. Even if you didn't sign it, it should be in the file if it exists. There is no law that requires reviews so if the employer chooses not to do a review, there is no legal recourse, unless that decision is based on unlawful discrimination or violates some other statute

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Answered on 8/16/06, 5:14 pm


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