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texastee

Member
What is the name of your state? TEXAS

When I was terminated from my job, I was required to sign a document stating I had read it before they would release my check.

It was basiclly a threat and a lot of other nonsense. Since I needed my check to pay bills I signed it but noted that I did, not concur or concur with the instructions in the letter, Instructions are vague. Letter will be reviewed and responded to by legal counsel. Signature.

The copy I signed was a faxed copy of a letter on their lawyers letterhead.

It has been a week and I have not received the letter from the lawyer and the company refuses to give a copy of what I signed.

Question, is it legal for them to withhold a copy of what I signed? I feel I am entitled to have a copy for my records.

TIA
 
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cbg

I'm a Northern Girl
I am not aware of any law requiring them to provide you with a copy.

Why didn't you take a copy yourself? I can make a photocopy of anything I want at the local library for fifteen cents.
 

Beth3

Senior Member
Question, is it legal for them to withhold a copy of what I signed? Yes. Texas laws are silent on the subject of employee acess to his/her personnel file therefore they don't have to give you a copy of the document.
 

texastee

Member
First, they met me in a remote location, second they refused to folow me to a location so I could get a copy.

Believe me I was trying, but also needed my check.

I was in a catch 22 situation.

I am calling Texas Workforce Comission to see if they can help me.

PS, I think if I file suit they would be required to give it up in discovery phase. Thoughts?
 

texastee

Member
Found this on the TWC website.

Texas law does not require an employer to allow an employee to access his or her personnel file - however, most companies allow supervised access and copying of contents at the employee's cost - a company should never place anything in a personnel file that it would be ashamed to show other people (such as 12 average jurors) - remember, anything in any file relating to an employee is discoverable in a claim or lawsuit filed by or on behalf of that employee!
 

cbg

I'm a Northern Girl
The fact that most companies allegedly allow access and copying does not require them to do so; Texas law does NOT require it.

On what basis would you be filing suit?
 

Beth3

Senior Member
PS, I think if I file suit they would be required to give it up in discovery phase. Thoughts? If you file suit, you can have the records subpoenaed. But on what basis are you planning to sue???
 

texastee

Member
cbg said:
The fact that most companies allegedly allow access and copying does not require them to do so; Texas law does NOT require it.

On what basis would you be filing suit?

The letter was threatening, it violated several labor laws, it was a defacto non-compete , I signed nothing before starting work there regarding non-compete.

I was falsely acussed in the letter, and the letter demanded a response. Without a copy I can not respond.


I need the letter as proof of these alegations.

I would have to have a lawyer advise me on how we go about this.
 

Beth3

Senior Member
it violated several labor laws What labor laws? It's hard to imagine anything you signed on your way out the door would be in a position to violate any employment laws.
 

texastee

Member
Beth3 said:
it violated several labor laws What labor laws? It's hard to imagine anything you signed on your way out the door would be in a position to violate any employment laws.
I would need the letter in front of me to be more specific. I just remember when reading it I could point them out.

On item was a requirement I NEVER speak to any employee of the company, ever again. At work or otherwise. Well I was friends with several individuals before we ever worked there and we will always talk. He threatened to sue me to enforce this if I did not agree to comply. I can not imagne this is enforceable.

Thoughts?
 

cbg

I'm a Northern Girl
Even if it is not, that is not a labor law violation.

I remember your previous post. I realize you don't want to hear this, but nothing in EITHER of your posts gives you the basis for a lawsuit.
 

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