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REQUEST TO THE EEOC.REQUIREMENTS TO REGISTRATION OF THE DISCIPLINARY ACTION FORMS & ACCOMPANYING DOCUMENTS BY HR IN PRIVATE COMP

Saint Augustine, FL |

I REQUESTED COPIES OF THE DOCUMENTS OF MY CASE FROM EEOC(FOIA REQUEST).MY CASE IS CLOSED(DISMISSED).ACCORDING TO FORMER EMPLOYERS STATEMENT I WAS FIRED FOR MISCONDUCT.THE EMPLOYER INDICATES THAT DURING MY EMPLOYMENT I RECEIVED TWO DISCIPLINARY FORMS.AMONG THE DOCUMENTS FROM EEOC(MIAMI OFFICE) I FOUND ONLY ONE FORM.SENT SECOND FOIA REQUEST,EEOC DIDN'T RESPOND.DURING MY EMPLOYMENT I'VE NEVER HEARD & HAVEN'T SEEN MY DISC.ACTION FORMS.WHAT IS BETTER?TRY TO GET COPY THROUGH THE COURT OR JUST SEND COMPLAINT TO THE CENTRAL OFFICE OF EEOC IN WASHINGTON.IF THEY DIDN'T RECEIVE DOCUMENT FROM EMPLOYER?HOW A DECISION(DISMISSAL) WAS TAKEN?AND ONE MORE QUESTION:DISC.FORM WITH THE SEAL OF REGISTRATION IN HR.BUT WRITTEN EXPLANATIONS OF MY SUPERVISOR - WITHOUT A SEAL & COULD BE WRITTEN ANY TIME.

Attorney Answers 2

Posted

A simple request to the EEOC for the file, made within the 90 period following the Dismissal and Notice of Rights will give you what they have. That is not to say that the EEOC has all that your employer had, but only what they were provided by you and the employer.

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I agree with Mr. Schofield that the EEOC could only give you what the have, so if your employer did not provide the seconf disciplinary action form, then they can't provide it to you. Not having the second disciplinary action form alone, is not necessarily a reason to question the finding of the EEOC investigator.

In any event, if all you want is to see the second disciplinary action form, you can try requesting the document (or better yet, your entire personnel file) from your employer, but they don't necessarily have to provide it to you absent a pending lawsuit. You really should consider speaking with an employment discrimination attorney to explore your best next course of action. Good luck.

Any comments provided herein are not to be construed as legal advice, and I do not warrant/guarantee any of these comments. Further, my views do not represent the views of this website, my employer, or anyone other than me. Should you need legal advice or to discuss the matter further, please contact your local state bar association for a referral as I am not representing private clients.

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