Access To Personnel File When Live In CA But Company HQ'd In IL?

[mayiasku]

I was employed by my company for 16 years in many cities in several countries.
In more recent times when not traveling on business, I worked from my house which is in California. The company is headquartered in Illinois.

My manager recently told me that the company had received a letter from a client that alleged that certain things transpired when I visited them.
The visit occurred in July and I was told about the letter this week some 11 weeks later.

I was not given a copy of the letter, nor was I allowed to refute the allegations. I do not know when it was sent or received. I was just told that I would be subject to certain conditions and failure to follow them etc. would result in termination of my employment.

After reading a document sent to me which outlined these conditions, I felt I had no other action but to submit my resignation, which was accepted. From that moment I have not had any further contact from the company, not even an exit interview by HR.

It seemed to me that after 16 years I would have been treated more fairly.

I would like to know what my rights are concerning the alleged letter.

Should I have been sent a copy?

Can I ask for a copy now, even though I have finished my employment with them?

Can I ask for copies of whatever else is in my file? I believe that there are other documents that should be in my file which are "flattering" to me, acknowledging performances of above and beyond what was expected and also from managers in the company praising presentations they had seen deliver to clients.

How do I know that if they do send me any documents, that they have sent them all?

Thank you for any assistance you can offer.

 

[Beth3]

Should I have been sent a copy? That was up to your employer.

Can I ask for a copy now, even though I have finished my employment with them? Yes.

Can I ask for copies of whatever else is in my file? Yes. California law states that employees are allowed to inspect all documents related to their qualifications for employment, promotion, additional compensation, termination or discipline. Illinois law says that employees may make written requests to view their personnel files.

I suggest you write your employer a letter requesting a copy of your personnel file.

How do I know that if they do send me any documents, that they have sent them all? You won't. You'll just have to trust that they're doing so. FYI, virtually every States' laws on this subject exempt certain documents from the employee's inspection. Those always include references the employer obtained on an employee and sometimes records involving alleged criminal activity/court proceedings, and/or records in the employee's file that include information about another person.

 

[mayiasku]

I wrote to HR via email asking for a copy of my file and received "some" papers in the mail today.

Amongst copies of manually cut pay checks, performance reviews etc, the only details in what was received today that would indicate I am no longer an employee of the company are

1 - Copy of a letter summarising what benefits I had been participating in - Health, Life,
Dental etc and the standard COBRA information
2 - Copy of Asset return instructioins (company laptop)
3 - Copy of the "Action Plan" my manager had sent to me
4 - Copy of an email from my manager to me to which the "Action Plan" was attached

There was no copy of the letter from the client on which this entire matter is based on.

There was no copy of my letter of resignation.

There was no copy of any communication between my manager and HR notifying them of my resignation - I guess this was done verbally to process my final pay check etc - but I find it very odd that HR would not have required something in writing (electronic or paper) for this to have happened - from an audit point of view especially.

I am starting to believe that my manager may have been behind this entire matter.
They only have held this position for a short time, and after viewing comments from my previous manager in last years performance review where it says I exceeded expectations, that I had done a great job, that I am responsive to clients questions and have a very consultative presentation style etc (everything opposite to what my manager told me was in the letter from the client) I believe they might have felt threatened by me.

Should I contact HR again asking for copies of information I believe "may" have been overlooked or are the type of documents I am trying to get copies of not legally required to be sent to me?
From a personal point of view I want to see that letter, if in fact, it exists.

 

[Beth3]

If you believe copies of pertinent employment documents that should be in your personnel file were not sent to you in violation of State law, then yes, contact HR again and ask for the specific documents you are looking for. I can't advise you what documents your employer keeps however. Some companies are pretty darn casual about generating or keeping copies of that would be SOP for another employer.