The required duty of HR

[witzeroni]

What is the name of your state (only U.S. law)? Illinois
Some may remember - I posted last about 3 weeks ago. I lost my job after 4 weeks, after leaving a previous job I was working at. I did end up getting unemployment.

Here's what I'm asking. Is HR required by law to do certain things? Right after my dismissal, I informed HR I wanted to see my personal files. They emailed them back to me although pursuant to Illinois law they didn't do it in the allotted time (no big deal). Now that I have been off work for over a month I am trying to apply for certain benefits to help out. Regarding an energy assistance program, they told me I need to get from my last employer a statement showing how much they paid me. I emailed the request to hr, and they have not given to me as of yet. The initial request was 2 weeks ago, I emailed them a week later and they told me 'there was an issue with ADP', and I emailed them once again and have not heard back. Can they do this? Their inaction is affecting my livelihood.

Also, even though Illinois is an 'at will' state, it showed no reason for my dismissal in my personnal files. I'm assuming if I was African-American they and they tried this this then I can claim discrimination, correct??

Let me also say this. Why not sue an employer if you have a good case?? What's the most you can lose? Court fees?? If there is malfeasance involved and you can find a statute they have broke, what's the most you can lose??

It's my belief that a company has a lot more to lose than a formal employee regarding lawsuits and I have personally been involved in one in which I won a case against a previous employee persuant to little known ERISA laws. Very few lawyers know enough about these laws so I filed the lawsuit myself and won the case.

 

[pattytx]

The employer is not required to give you pay stubs more than once. You got a pay stub when you got paid, correct? I know ADP payroll systems well, and the YTD amounts are on the pay stubs.

Discrimination based on race? Oh, come on, you have posted ZERO evidence of that.

Frivolous law suit? Yeah, judges love that.

 

[George1776]

You are free to pursue a claim. I think in IL you have to go through the EEOC first. This could take several months .. you may get your W-2 by then.

The company should have given unemployment office your pay wages...another source of your wages possibly.

 

[ecmst12]

File a baseless lawsuit and you could end up paying the defendent's legal fees.

You could also find it difficult to find a new job if you develop a reputation for suing your employers or former employers. And no, it is NOT illegal to discriminate against you for this reason.

 

[witzeroni]

pattx -
I need the pay amounts because I had direct deposit and it wouldn't show my gross or anything else for that matter in my account. I am not Black, I'm just saying that if I was, I know I would have more rights. My personnel files show no reason for my termination. They open themselves up by doing that in my opinion.

I will research this myself but is there a good link of what HR is required to do (if anything) for a former employee? In the meantime, I will keep respectfully requesting until I get a reply.

 

[mlane58]

Here's what I'm asking. Is HR required by law to do certain things? Right after my dismissal, I informed HR I wanted to see my personal files. They emailed them back to me although pursuant to Illinois law they didn't do it in the allotted time (no big deal).

Yes HR is required by law to do certain tasks, but you are wrong in your assertion that under Illinois law HR has a time limit to get your records to you. Under Illinois (820 ILCS 40/) Personnel Record Review Act it doesn't state anywhere about a time limit.

It's my belief that a company has a lot more to lose than a formal employee regarding lawsuits and I have personally been involved in one in which I won a case against a previous employee persuant to little known ERISA laws. Very few lawyers know enough about these laws so I filed the lawsuit myself and won the case.

Maybe because you went to the wrong attorney for a case invloving ERISA. Here we go! another one who has won the big battle against the evil employer.

 

[cbg]

No, there is no link to show what HR is required to do. HR is required to follow the law. What do you think that HR is legally required to do that they didn't do? If you can be more specific, so can we. But there is no mandatory list of when x happens, HR is required to do a, b, and c. It isn't even mandatory that there BE an HR.

No, you do not get more rights if you are black. That's utter nonsense.

 

[pattytx]

pattx -
I need the pay amounts because I had direct deposit and it wouldn't show my gross or anything else for that matter in my account.

I repeat. You got pay stubs/direct deposit advices, didn't you? I know for a fact that ADP produces them.

But let me ask you this. Have you seen the actual form that was sent to the employer regarding the request? Does it say that a response is required BY LAW?

 

[swalsh411]

My personnel files show no reason for my termination. They open themselves up by doing that in my opinion.

It increases your chances that you will qualify for unemployment. That's about it. Employers don't need a reason to fire you.

I suspect your pay stubs are available to you online. Many employers no long distribute paper copies as it's a waste of time, paper, and postage. ADP's system used to be called iPay but I have also heard it called "Employee Self Service" or something along those lines.

 

[cbg]

Okay, let's get a few items straight.

Regarding an energy assistance program, they told me I need to get from my last employer a statement showing how much they paid me. HR is not required by law to provide this. If you received your pay stubs at the time you were paid (and that's Payroll, not HR) that's all the law requires.

Also, even though Illinois is an 'at will' state, it showed no reason for my dismissal in my personnal files. Not required by law.

I'm assuming if I was African-American they and they tried this this then I can claim discrimination, correct?? Not correct. Not even close to correct.

FYI, on your "what can you lose" questions, so far you not only don't have a good case, you don't have ANY case based on what you've posted. So what statute are you claiming they broke?

 

[pattytx]

I suspect your pay stubs are available to you online. Many employers no long distribute paper copies as it's a waste of time, paper, and postage. ADP's system used to be called iPay but I have also heard it called "Employee Self Service" or something along those lines.

Most states, including Illinois, requires that the employee voluntarily "opt in" to receiving deposit advices online.

 

[swalsh411]

Most states, including Illinois, requires that the employee voluntarily "opt in" to receiving deposit advices online.

That doesn't mean his employer is complying. The OP claims he never received one. I worked for a multi-state employer and they didn't care. They told employees that online pay statements (and direct deposit) were a condition of employment. They calculated the risk that somebody would complain vs. the savings of not having to deal with paper pay stubs. Once in a while an employee would complain and they would be mailed pay stubs but that was very rare.

 

[cbg]

The OP never said he didn't get pay stubs. He said he asked for a statement from HR, AFTER he had already been terminated and applied for relief, showing the amount he had been paid. HR is not required by law to provide such a statement. If he didn't keep his paystubs, or if he can't get new copies on line, that's his look out. It doesn't make HR liable for providing new ones.

 

[pattytx]

Agree. I asked TWICE about pay stubs, and he refused to answer the question.

 

[witzeroni]

A few points:

Sometimes I think people live in fantasyland who reply. See, in the real world, it is a HUGE plus to be African-American when it comes to having certain rights others do not have. If you don't know this, then you are incredibly naive. In fact, they raise test scores of Blacks for jobs, school admissions, etc.

95 % of the time, I am on the side of the employer, but think sometimes they are at fault and they have WAY more to lose in court than the person suing them IF the employee can find a statute that they MAY have broken.

The ERISA thing is a true story. I called 2 lawyers that were supposedly experts in the field and they turned down my case. After research and filing the required court documents to sue, they hired a lawyer from New Orleans to settle with me.

Again, my direct deposit receipts only show the total amount added to my checking account, nowhere does it show the gross amount. Can malfeasance apply to the HR department or an individual in HR??