Legal Question in Employment Law in Virginia
Unfair Treatment
My job requires I use a new government data base. I trained myself because I get car sick and did not want to travel for classes. The other person required to use this (HE) did not want to & was allowed to discontinue it. I was written up for not attending training. I was recently laid off & found my Employer had some one come to the office to train the temp. help. This option was never made for me. If I was written up why wasn't the man! I had also been out with migraines and serious family illness. I offered documented proof for the time I was out but my Employer refused it. She continued to bring up the time I was out. She said the home office thought I might have a drinking problem. I told her I do not drink and I resented the insinuation. I would like to know if there is anyway I can see my personnel file & how I can have this information removed from my file? I feel like I was slandered-discrimanated against and harrassed. I do not want this to keep me from getting another job. I have always had excellent perfomance evaluations.
1 Answer from Attorneys
Re: Unfair Treatment
If you worked for a private employer in Virginia, an employment at will jurisdiction, and without the protection of a contract or collective bargaining agreement against summary termination,
your employer was free to fire you or "lay you off" for any reason they wanted as long as it was not in violation of federal anti-discrimination laws.
You probably need not be too concerned about this employer disseminating adverse information that may be in your personnel file as most employers these days are very wary about such activity as they are well aware it may result in a defamation suit brought against them by the ex-employee.
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