fraudulent termination action notice

[poolskii]

i live in michigan.
i was wondering what kind of action can be taken to correct fraudulent employee file. here is the scenario , i had left a job of 6 yrs, for the opportunity to what i thought was to better myself.
long story short they ran out of work, result laid off. in the meantime at my old job , myself leaving had brought some issues to a head and the vice pres- was releaved permanately , although he still has a position in the company. during my leave the floor supervisor was moved to plant manager. he immediately called me back to work , i took the physical , drug screen , sat through orientation. then aprox- 3 days before my start date he called and said i could not be hired due to disciplinary form that appeared mysteriously in my file , he even new it was hogwash.i immediately called there hr director , explained the problem to him , his reply could not help. i did a little homework and found the old vice pres- head count report for jan - nov 02. it stated indeed there were no firings in the month of may 02 only one resignation , which was myself. i wrote there hr guy and requested my file he sent it , there were no write ups totaly clean except for this document.
i have tried through there hr director to have this resolved , contacted a lawyer to have a proffessional letter sent , still no response.
what can i do , my job is waiting for me as soon as this document goes away.

 

[Beth3]

Unfortunately, I don't see that there is anything you can do. The employer can put whatever they want to in your file and you can't make them remove this document, even if they agree it's incorrect.

As it would be a simple thing to do, apparently someone in a position of authority doesn't want your records changed.

 

[cbg]

I don't know of any legal standing you have to force them to remove the disciplinary notice from your file. However, in your state, you have the absolute right to insert a rebuttal to any information in your file with which you do not agree. That's about the only suggestion I can offer.

CAVEAT: If and only if the disciplinary notice had to do with CRIMINAL activity, then in your state you can request that it be removed after two years. So in that case, you can have it removed as of May of 04. However, if it does not have any reference to CRIMINAL activity, then all you can do is insert the rebuttal - you CANNOT force them to remove it.