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Position Eliminated Trouble with Rehire

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Scherbert

Member
What is the name of your state? Nebraska

My previous position was eliminated because of department cutbacks. The company told us that we had 60 days to find a job back in the company to have no break in our benefits. Also in this time we would be considered internal candidates. I applied for numerous positions that I was completely qualified for, but never even got a first interview. I am wondering if there is anything that could have been put in my personal file that could be hindering me from being rehired. The only incident that had ever come up was when a girl threatened to quit in hope of getting more money ( we all got a raise so we were all basically making the same, she thought she did more and should make more then me) so when they didn’t counter offer she got upset. She said some things about me and another girl, things like we verbally abused her and made fun of her clothes, a ton of stupid caddy women stuff (more things then I care to or have time to type out). Our supervisor was called in to discuss is and told them not to believe things from a person that stole from the company (another long story) so because they dropped it, it shouldn’t have gotten into my file… Anyway I’m getting off track. What I want to know is do I have the right to see what’s in my personnel file? If I do how do I go about it? I’m afraid that if I call and make an appointment to see it that will give them time to remove things that I wouldn’t know was in there. Is that being a bit paranoid?

Also I just found out today that they are now hiring three more people in my department and they had let 3 of us go 4 months ago. That feels like a shot in the back.
 


Beth3

Senior Member
Stupid caddy women stuff? Way to go sport. You just alienated the bulk of those who would be in a position to respond to your questions. Not that this gal wasn't a piece of work but there's no need to paint everyone with the same brush.
 

cbg

I'm a Northern Girl
No. Nothing in either Federal or Nebraska law gives you the right to see your personnel file. Nor do you have any actual reason to believe there's something negative in it. You're making the invalid assumption that there MUST be something in your file because otherwise, what possible reason could there be for them not to allow you to interview?

For the record, they have absolutely NO legal obligation to allow you to interview, and NOTHING in the law requires them to transfer/hire you back before hiring someone else.

Yes, frankly, you do sound more than a bit paranoid. In fact, if you come across to your employers the way you're coming across here, I don't blame them for not interviewing you.

Oh, and by the way, it's spelled, "catty".
 

Scherbert

Member
Wow I really didn't know everyone on this was so negative. All I asked for was a simple answer. Just for the record, because I was saying that she was CATTY (thanks for the spelling lesson by the way) didn’t mean that I was putting every women in the same category. I guess I would have to explain the whole story to you so you could understand why I was being a bit paranoid but I won’t. I did call and ask a lawyer and they did say that yes I do have every right to see my personnel file. That’s why it’s called MY file. I called the HR department and am going into to talk to them tomorrow.
 

cbg

I'm a Northern Girl
Well, I'm quite curious as to where your lawyer is coming from since the law does NOT require an employer to let you see your file (unless you are the employee of a county with more than 300,000 inhabitants).

Don't get me wrong - personally I think an employer is being very short-sighted to refuse an employee a look at their file. But ethics is one thing - the law is another. Ethically, of course they should let you see it. But unless Nebraska has changed their law VERY recently, (or, again, unless you are a county employee) your employer has every LEGAL right to say no to you.

And if you weren't putting all women in the same category, you need to be more careful how you put things.
 
Let Me Add

Let me add that it is YOU who is calling it "MY file." Legally, personnel files belong to the employer - everywhere! Including in the state in which I work - Illinois - where employees do have a legal right to view personnel files kept on them.

The personnel file is not YOURS, it is THE EMPLOYER'S. Whether or not they want to allow you to see it is entirely their business.

I agree with cbg that I personally (even if I weren't in a state that mandated it), would allow an employee access to the personnel file I was keeping on them. However, as stated, in NE, your employer is not required to do so.

If your personnel file belonged to you, it would have been surrendered to you upon your termination. Obviously, that didn't happen.
 

Scherbert

Member
Well I have no clue where he got this information. My mother in-law asked her lawyer (which I do have to say I've in the past questioned his ability or knowledge for that matter). I guess I will just have to see what they say when I go talk to them today. I will be talking to them about other benefit information so it won’t hurt to bring it up.

Also, I will try to watch how I word things. They way I meant it was she herself was a catty women so I was saying it as things that catty women do, so she was doing catty women stuff…… get it? Sorry for the unintentional dig on women, me being one myself I probably wouldn’t have appreciated it either.
 

cbg

I'm a Northern Girl
Okay, I understand now what you meant. :)

I've never understood why an employer would not want to let an employee to see their file. But many employers do, for some reason, think that such files should remain private.

BTW, I don't want to be discouraging, but even if they do allow you to see it (and they might - I initially understood you to be saying that you'd already asked and been refused, although on re-reading your initial post I'm not sure why I thought that), unless you find clear and unmistakeable evidence of ILLEGAL discrimination, nothing you see will force them to rehire you. Nor does your state give you the right to place a rebuttal in the file (some states do - both Suz's and my states have such a provision). Even if you find something that is inaccurate in the file, there's nothing you can do about it and no legal action you can take.

Not suggesting that this is what's going to happen; just letting you know that if you don't get to see it, it really won't matter much anyway since if you DO see it, your options are limited and are unlikely to result in the action you want (i.e. your job back).
 

Scherbert

Member
Finally that is the answer that I was looking for. I was under the impression that if something negative was going to be put in there that you would have to be notified of this first. At least that was what I was told at my particular employer. I did go in today to discuss my other things and they told me that they would have to set up a different time to come in and see that information. That is wasn't available at their finger tips. I truthfully don't believe that, but after reading what you wrote then I think I will just drop it and keep trying to get back in somewhere else in the company.
 

cbg

I'm a Northern Girl
Your former employer may have had such a company policy, but it is not the law in your state. In fact, it is not the law in most states. I believe a couple of states have such a requirement for public employees (police officers and teachers come to mind) but even states which require an employee to be allowed to see their file do NOT generally require an employee to be told if something negative is placed there.

Depending on how large the company is, it could quite well be true that the file is not available at their finger tips. In fact, if it's quite a large company, it may not even be stored at your location.
 

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