Welcome Message

Unus pro omnibus, omnes pro uno
One for all, all for one


Welcome To Our Community Web Site
If you like an article, use the buttons at the bottom of each article
to share content with your friends on the social network of your choice

Tuesday, August 9, 2016

Employee Record Request and Dealing With Discrepancies

The main reason for you to ask for your employee records is to insure that the information included in your certified copy of your HR record reflects the true facts of your employment record. If you have documents that have been altered, missing or wrongly included, you must immediately file a complaint with your current/former employer, asking them to amend their records, according to your claims.

It is extremely important to file a complaint with a state and/or U.S. Gov. agency ASAP, in order to force the Employer to put all documents and internal communication associated with your employee ID on Legal Hold. Otherwise, they can purge the documents and claim ignorance, by the time the investigating agency requests access to these documents!

If you find factual discrepancies in the information provided by your employer or if your employer doe not respond to your request for informatin, you must file a complaint with the Wage and Hour Division of Oregon BOLI, (which is not the same as the Civil Rights Division that primarily deals with discrimination cases) and attach a copy of your request for amendment of your HR employee file, to your BOLI complaint.

Note:  If you are located in a state other than Oregon, check with the relevant state agency in charge of Employment Law Enforcement, for the proper procedure needed to follow up on your case. 

Update: For California law covering this issue see: Labor Code Section 1198.5

As usual, we recommend sending your letters via USPS "Priority Mail" service, which will give you delivery tracking through their web site.

Keep all pertinent documents on hand for the when the judgement day arrives...

--Dr. Flywheel

1 comment :

  1. Washington State:
    http://www.lni.wa.gov/workplacerights/files/policies/esc7.pdf

    RCW 49.12.240 to 12.260

    ReplyDelete

--- Add your text here ---