I later asked for my FULL employee file and there were several documents missing including this one. Also missing were all positive reviews, awards and promotion style team selections. Only records revolved around leave. I got ONE later look at it and it stated a longer time period than I was made to believe and the severance was not something they could have rescinded to my knowledge as it was a default for all terminations/layoffs. What would an attorney need to obtain the document and review it, a subpoena? Can I request a subpoena to receive a copy withoutt knowing exactly the document title? I know the apx. date.
There are multiple statutes that entitle you to access documents in your personnel file. You or an attorney can write a letter to your former employer requesting the following types of documents.
Labor Code 432 requires employers to give an employee or job applicant, upon request, a copy of any instrument that the employee or applicant has signed relating to the obtaining or holding of employment.
Labor Code 1198.5 requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. An employer who fails to comply with a written request within 30 days can be subject to a $750 penalty, attorney's fees and injunctive relief.
Under Labor Code 226(b), employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee within 21 days. An employer who fails to comply is subject to a $750 penalty.
Items such as "positive reviews, awards and promotion style team selections" are often not maintained in the employee's "personnel file," and the law does not specify that these items must be retained there. Employees have a right to a copy of the personnel file, as set forth in detail here, but there is often a failure of employee expectation as to the contents of that file.