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Employment File

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L

LMarts

Guest
Lisa from South Dakota
After working for a company for 2.5 years, I was fired. In the meeting where I was fired, I was give a few specific reasons and told I could talk to the human resource dept if I disagreed. I did this. Human resources helped set up a meeting with the executive committe. When I questioned them about the reasons and gave my facts of the situation, they told me that this wasn't why I was fired. After 30 minutes of asking them what the real reason was, they told me that someone had said I was overheard giving out confidental information on clients. After another 30 minutes, during which they refused to tell me exactly what I was supposedly overheard saying, I was aked if I wanted to hear exactly what the complaint was. I said yes. At that point, two members of the committe left the room, only to return a few minutes later. I was then told what I was supposedly overheard saying. I had never even heard this information that I had supposedly said. It was based on a true event that had happened, but I had NEVER heard about it. Also, it was so nasty that I would never have mentioned it even if I had knowledge of it. They said they investigated, but refused to give me anymore information. There is no way I can prove that I didn't say this, and they won't discuss it anymore. This information is in my file, which they will not let me see, and will affect my future in this field. I got a letter from the Dept. of Labor stating that I had been fired due to alleged breach of confidentiality, but that there was was no proof of this. This is really affecting me, because I know I didn't breach any confidentiality. Is there any legal way for me to be allowed to see my file? The HR woman said she couldn't let me see either my file or the complaint against me. Don't I have a legal right to this information? PLEASE help. I need some advice, ASAP.
 


cbg

I'm a Northern Girl
Whether or not an employee is entitled to see their personnel file is governed by state law, and I could find nothing in the South Dakota statutes to indicate that your state grants you that right. In the absence of such a statute, personnel files are company property and the company may decide whether whether they want to allow access. If they have decided against it, the only legal recourse you would have is to have your attorney subpoena them.
 

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