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Wrong information in personnel file

Discussion in 'Termination: Firing & Resignation' started by opie19, Jan 18, 2017.

  1. opie19

    opie19 Law Topic Starter Guest

    Jurisdiction:
    Arizona
    It just came to my attention that a job I resigned from 2 1/2 years ago has wrong information in my personnel file. They have me listed as "having been let go" and "non-rehirable". Both of which are wrong, and has been confirmed with my direct report that still works for the company. How do I get this information corrected in my file? And, can I take action against the company? I know who the persons involved in having the wrong information listed and why.
     
  2. cbg

    cbg Super Moderator

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    When you called HR and asked them about it, what did they say?

    You cannot take any legal action against the company unless you can prove (and the burden of proof is on you) damages (as the law sees damages) that can be directly attributed to these statements.

    So, how did you leave that company and what is their rehire policy?
     
  3. opie19

    opie19 New Member

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    I have not attempted to call HR yet... I don't want them to just clear it up... If I can't take legal action, I at least want the 2 individuals reprimanded for it.

    I resigned giving 2 weeks notice, and ended up staying a 3rd week per my managers request. He is still with the company and has stated he would hire me back without question.
     
  4. army judge

    army judge Super Moderator

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    I doubt that anyone will be disciplined for a mistake.
    If it was done intentionally, unless the culprits admit to doing it, nothing will happen.
    Even if someone is disciplined, you'll never learn of a confidential personnel transaction anyway.
    In the interim, if this really sticks in your gullet, talk to a licensed attorney in your county or state.
    That's the only way for you to "do something", if anything can be done!
     
  5. txls

    txls Well-Known Member

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    You really don't get to dictate what actions they take(such as reprimanding anyone.) You let them know the problem and they will handle it internally however they choose.
     
  6. cbg

    cbg Super Moderator

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    And legally, you are not even entitled to know what action is taken, or if action is taken.
     
  7. opie19

    opie19 New Member

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    Thank you for the feedback!
     

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