• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Personal file and suspension documents!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rchy1989

Member
Worked for an extremely known and reputed Furniture company in NYC for almost two years. Started as an associate got promoted in six months to the Sales lead position. Unfortunately, managing associate is not easy and got into an incident with one of the associate. This associate has a reputation and she was suspended before for her behavior as well. This occasion though she filed a complain against me of being rude and unprofessional. I had alibi to support my statement of her being offensive and aggressive. I even have conversations where the manager on the floor confirmed he saw her being abusive to me. He confirmed he will share what he witnessed to HR. When HR came in, they accused me of being aggressive to her. When I gave my statement they said if i would like to change it because they believe its otherwise. I suggested them to check the CC tv footage even made one of my manager to watch that. Nothing was found on the cc tv as well. But i was getting hint that I will be penalized. Out of frustration, I stepped down from leadership role as that will mean she wont be my responsibility anymore. My store manager said if I step down they might have to transfer me to a different location. Couple of days later they suspended me for three days and transferred me to furthest location within the city. No paperwork was given to me other than just a verbal instruction. I shared the case to my regional, showed him the conversation with my manager who was in the floor that day. I was told to let it go. Two months after the incident I left the company. Now I am asking them to share a copy of my personal file along with the document of my suspension for future reference. Initially they responded but now they are not even responding to my emails. For good reasons i dont have faith in them and i would like a have a copy of my personal file along with the documents of my suspension for future reference. How can I do that? Please advice. Thank you in advance.
 
Last edited:


HighwayMan

Super Secret Senior Member
You're making an awful lot of assumptions and guesses.

Your file isn't your property and you have no use for it at this time anyway. Why don't you listen to the advice given to you already and "let it go".
 

cbg

I'm a Northern Girl
In your state, it is entirely up to your employer whether to provide you with a copy of your personnel file or not. You do not have a right to it under the law.
 

Rchy1989

Member
You're making an awful lot of assumptions and guesses.

Your file isn't your property and you have no use for it at this time anyway. Why don't you listen to the advice given to you already and "let it go".
Thank you and I have removed my guesses and assumptions. I understand they dont have to share the copy of my personal file but how about the documents stating my reason for suspension?
 

Rchy1989

Member
In your state, it is entirely up to your employer whether to provide you with a copy of your personnel file or not. You do not have a right to it under the law.
Thank you.
But can I ask for a copy of my suspension document?
Thank you in advance.
 

Rchy1989

Member
You're making an awful lot of assumptions and guesses.

Your file isn't your property and you have no use for it at this time anyway. Why don't you listen to the advice given to you already and "let it go".
I just wanna make sure this will not be a problem for me in my future background checks.
 

cbg

I'm a Northern Girl
You can ASK.

However, your employer is free to refuse. You DO NOT HAVE A RIGHT UNDER THE LAW to a copy of any part of your personnel file. If the employer wants to give it to you, they can. If they don't want to give it to you, they don't have to. That goes for your suspension documents as well as any portion of the file.
 

commentator

Senior Member
It would be very very unusual for a company to share any in house disciplinary actions that had ever been taken against a past employee with any future inquiry or request for references. I think the situation is over, and the only way it will ever come up in the future is if YOU keep pulling it out of the air. Do not discuss the situation with future employers, do not ever bring it up again, and I would be willing to bet that it will never come up. It would be totally silly of you to pull out a copy of HR paperwork from a past employer while seeking new employment to prove you were falsely accused and not treated right on a past job. You'd need rather to be talking about the great experience you had gained working for this past employer and what a great job you're going to do on this next job. Let this whole issue go. You're still playing with it all in your own head, you need to move forward.
 

Eekamouse

Senior Member
Thank you.
But can I ask for a copy of my suspension document?
Thank you in advance.
What do you want it for? Are you going to show it to future employers or potential future employers and tell them how your ex-employer done you wrong? They won't want to hear about it and that will be an excellent reason for them to eliminate you from consideration for employment.
 

Rchy1989

Member
It would be very very unusual for a company to share any in house disciplinary actions that had ever been taken against a past employee with any future inquiry or request for references. I think the situation is over, and the only way it will ever come up in the future is if YOU keep pulling it out of the air. Do not discuss the situation with future employers, do not ever bring it up again, and I would be willing to bet that it will never come up. It would be totally silly of you to pull out a copy of HR paperwork from a past employer while seeking new employment to prove you were falsely accused and not treated right on a past job. You'd need rather to be talking about the great experience you had gained working for this past employer and what a great job you're going to do on this next job. Let this whole issue go. You're still playing with it all in your own head, you need to move forward.
Thank you for your response.
 

Rchy1989

Member
What do you want it for? Are you going to show it to future employers or potential future employers and tell them how your ex-employer done you wrong? They won't want to hear about it and that will be an excellent reason for them to eliminate you from consideration for employment.
I would never share that with my current employer but I was wondering if I should have a copy for my own record. If I can consider it done for good, I will be fine with that.
Thank you for your response.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top