Can I supeana my past employer for performance review for court?

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imusgrove

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Hello,
I was recently discharged from my job. The company is now contesting my unemployment. I kept copies of my performance reviews in my desk. This particular company, however, doesn't allow you to pack your things when you are discharged. They pack them for you. I called HR to attempt to retrieve my copies and I was told that my desk was cleaned out. I was then told that I couldn't have copies made and sent to me because the reviews were now company property. Can I have them supeaned to surrender the reviews for my upcoming court hearing. I need them to prove that the circumstances involving my termination were personal and not professionally based.
 
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That's a shame. In some states the employer is required to provide you with access to your personnel file, and in most of them copies of whatever documents (within limits) you ask for. But Indiana is not one of these states.

You might want to discuss with a local attorney what options you have. Is this an unemployment hearing?
 
Indiana is silent on employees or ex-employees havbing access to their personnel file. The burden of proof is on the employer to show your were terminated for any sort of misconduct. To be honest, having your past prerformance reviews are not going to hold any weight with the hearing officer as they have nothing to do with why you were terminated.
 
Yes. They are going to use write ups as there evidence which I can only attempt to explain away. Some of them are ridiculously frivolous in my opinion. I need the performance review because they have my numbers on them. My last review had had high numbers but was still suspiciously low. The one before that I had actually been handling a second person's workload and became burnt out.
Towards the end it became obvious that I was being harassed. My fellow peers felt the same way. I should have spoke up but I thought that if I did they would retaliate by firing me. So I basically spoon fed myself to them. By the end they are accusing me of stealing time because I parked in a spot in front of the door and ran in and clocked in and went and moved my car. But I have worked countless hours off the clock completing numerous tasks that were impossible to complete in a normal 8 hr. workday. You're not supposed to work off the clock so I didn't feel I could really say anything or I would be fired on the spot. I guess I just need to go to the library and look up unemployment laws and get educated about my rights.
 
I am not familar with IN unemployment hearing procedures, but you might want to give the UI office a call and find out if there is a way to require the performance reviews to be presented.
 
That's one of the things employers can do. No matter how often you've stayed late for them, or came in on your day off for them, it sometimes doesn't matter in their eyes. Running in, punching in the time card and then going outside can be seen as stealing time and the employer has the right to terminate you for this. Since you will now be going before a Referee for your unemployment hearing, you can call and ask if they will be willing to issue a subpoena for these records. What you need to do though is not focus so much on them and use the defense "Well, I was an excellent worker", but rebut the willful misconduct charge that led to your termination. If possible, see if there is some mention in their policy regarding rule violations and whether or not they enforced it across the board all the time. Illustrating disparate treatment is a better case than the I was a good worker.
 
Since you will now be going before a Referee for your unemployment hearing, you can call and ask if they will be willing to issue a subpoena for these records.
The hearing officer won't subpoena records, that is up to the claimant or employer to do and if it isn't done priuor to the hearing, they won't be allowed.

If possible, see if there is some mention in their policy regarding rule violations and whether or not they enforced it across the board all the time. Illustrating disparate treatment is a better case than the I was a good worker.
The hearing officer isn't going to allow testimony on whether there was disparate treatment or not, they only focus on what was the cuase for termination and whether the termination was justified so the claimant can recieve benefits or not.
 
Either way, the claimant must bring all pertinent docuementation for whatever defense with them to the hearing or else it will be inadmissable in further appeals. See if there is a way to get them if you are going that route. What the employer will probably say is that the reason for the rule violation was not consistent with ordinary common sense and prudence under the pressure of the circumstances and would not compel a reasonable person under the same circumstances to act in the same manner. Therefore, it can be considered willful misconduct.
 
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