Thursday, February 11, 2010

What remedy do I have if false and damaging notations have been made in my records by my employer?

I am a government employee. I have come to know last week that some FALSE and damaging remarks have been made in my pesonal file in the Human Resources Department as a retaliation for my having reported workplace violence. Specifically, it has been noted that I was given a WRITTEN REPRIMAND in October 2007. This is absolutely FALSE. What remedy do I have against this criminal act? Is it a felony?What remedy do I have if false and damaging notations have been made in my records by my employer?
It is not a felony or a crime at all, but it may be a civil matter. You should write a memo of your own to have placed in your HRD file. Make sure the memo specifically outlines the untruths previously made about you. Then file a formal complaint with the department head. Get an attorney to write a letter as well, something like 'if this isn't redacted from [your name]'s personnel file, then further action will be taken. Something like that. An attorney shouldn't charge much for a letter.What remedy do I have if false and damaging notations have been made in my records by my employer?
Your personnel records are the property of the company you work for. You can request to review your personnel records at any time. Do this in a professional manner. Document everything. HR may or may not allow you to have copies of certain documents. Make an appointment to do this review as soon as possible. If there was this written reprimand, a copy of it should be in that file. You may submit a carefully worded explanation (retort) to be added to your personnel record.
Can you prove it? If not there is nothing you can do. Since all they have to say is that you did get reprimanded. How is it a felony? And how is it criminal? You are the reason people mock gov't employees.
You can report it to your superiors or to their superiors if need be. You can take it up with your Union delegate or, you can get an attorney and fight it.
Contact Dept. of Labor.....Employee Benefits Security Administration (EBSA) for advice.
You can't do anything, he is your boss,good luck.

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