Legal Question in Discrimination Law in Florida

improper materials placed in personnel files

if the discipline meted out against you, or the investigation process used against you, was different than that used for employees of the opposite sex, or racial, age, or ethnic groups, you may have a claim for damages and injunctive relief under state and Federal law. If you are a public employee you have the right to a name clearing hearing if the damaging info. placed in your presonnel file was related to a job termination (which it doesnt appear to be). You may have other due process or free speech rights if you are a public employee. If you are a private employee, you have no right to inspect your file or to require that damaing materials be removed unless the employer has agreed to that as part of an employment contract. (Employee manuals will sometimes be deemed to be employment contracts, but normally not.) If the information placed into your file and false and defamatory, you may have the right to sue for libel if you can show that the report was circulated in the company beyond persons with a need to know. Finally, if you can show that the adverse information was placed in your file in retaliation for whistleblowing, or asserting anyother employment rights, you may have an independent basis for obtaining legal relief. Each of the above claims can have a short statute of limitations, so if you intend to take legal action, it is essential that you do not delay