Does a terminated employee have the right to request a copy of their previous employee file?
101844
Absolutely! its written in the law. Even if you are still working there, at anytime, you can ask to see your employee file from Human Resources, and ask for corrections from any mistakes. They cannot fire you because you wanted to see your file. If they do, contact a lawyer. Good Luck.
891690
Some people file it at court house you might ask last employer for file of work record.  TRY VA.gov but it may take awhile if he is a member of VFW maybe the have it on file.   Good luck
573530
I have done research on this and the two questions that are allowable by law are:\n\n1) Verify dates of employment\n\n2) Is this individual eligible to be rehired? \n\nHowever, there are many ways to get the information needed. Everyone knows someone who knows someone, and it goes on and on. If you fudge on numbers on your resume', job history, or on an application, it can be verified and then you are seen as a risk due to being dishonest. It's always best to answer honestly!
350172
Start by being as honest as you can. Write down your experiences to make sure you have an accurate picture of what happened and to communicate the story as clearly and accurately as possible. Collect any necessary documentation, including any paperwork you have from your EAP counseling, any bad reviews or written warnings you recieved, or email documents regarding those things that you may have saved. Your employer is legally bound to give you copies of all things they have on file. Request this be sent to you via certified mail, and have those nearby when you have the initial conversation with EDD. If they do not send those to you, tell the person you speak with the date you requested copies of your file and tell tha person you have not recieved copies of the documentation. You might want to see if you can get a letter from your EAP counselor documenting your visit(s) to that person, particularly if it was because you were suffering from workplace stress. The burden of proof is on your former employer to show that you were terminated with just cause. If they did not create any paper trail (bad reviews, written warnings about your performance or absenteeism) they will have a hard time to show that you were fired with just cause. I would not mention during the phone call that you have a pending lawsuit. There may have been harassment and/or a hostile environment, but that doesn't necessarily have any bearing on your being fired, and it might make you look like you are, indeed, out to get someone, or at the very least, make some money.
1043049
That's illegal. A former employer should only confirm that you worked there and your title and the time period that you were employed in that position. That's about it.\n\nI'd get a lawyer.
372966
You have a right to some information pertaining to your employment e.g. employee reviews, warnings, drug testing, salary adjustments, personal information etc. You do not necessarily have the same rights with regard to compalints made about you by another employee and so forth since the company is also duty bound to protect the identity of the other employee.
885136
Same thing happened to me - 3 years at a company that closed and cannot get ahold of any ex-fellow employees.  I did have contact with the owner, but he as been MIA for over a year.  \n\nI use people that knew me from companies I delt with such as suppliers and customers.  Contact someone you feel comfortable with and ask for a reference.  They may have to check with their HR departments about this, but it's worth the effort.
152629
Many in business have asked the title question, often in frustration. Even in this electronic age businesses run on paper; consider how much information exists both electronically and in hard copy. Paper, which we seem to have in excess in business, will be with us for some time. And the piles keep getting taller and the files fuller. Can't we ever get rid of some of this?\n\nWe can partly conquer the paper plague. The problems lie in determining what must be retained and for how long and deciding how to get unnecessary material separated from the rest.\n\nThe employee records of interest to most businesses fall into two categories: the financial side of employment and all other employment documentation. The financial side is the more orderly; business owners find the most variation in record-keeping requirements among documents kept in personnel files. Some of the confusion arises from the fact that different Federal laws specify different retention periods for the same documents.\n\nFinancial Records\nCompensation records -- amounts and payment dates, straight time and overtime hours and pay, pension payments, benefits plan payments and other additions and deductions -- should be kept for four years. Affecting most employers, the four-year requirement is specified in the Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act and by Federal Income Tax Withholding. The Equal Pay Act and Fair Labor Standards Act (FLSA) designate some of these documents for three years' retention, but the longer period applies in practice. The Equal Pay Act and FLSA also require that daily work schedules, pay rates and weekly compensation be retained for three years; these are not addressed in the laws designating four years' retention. Likewise, tax records -- wages subject to withholding, taxes withheld and other tax information -- are subject to the four-year requirement.\n\nNon-financial Records\nAccording to FICA, Unemployment and Withholding, basic employee data -- name, address, gender, birth date, etc. -- must be retained four years. Personnel files are maintained for active employees, so this requirement is reasonably interpreted as needing to keep these records for four years following termination. One exception under FSLA, applicable to many small businesses, involves work permits for minors; these be retained until the employee leaves or reaches majority age.\n\nRecords of Actions\nRecords of actions such as promotions, demotions, transfers, layoffs, recalls, terminations and such must be kept for one year per Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). But for all practical purposes these are part the personnel file for the duration of employment and longer.\n\nSafety and Health Records\nThe Occupational Safety and Health Act (OSHA) mandates the longest retention periods. Records of exposure to toxic substances and blood-borne pathogens must be retained for the duration of employment plus 30 years. OSHA sometimes designates even longer periods for exposure to certain substances, and some states have "right-to-know" laws requiring retention of exposure records for the duration of employment plus 40 years. We can consider 4 years as the standard for compensation and tax information, but a personnel file can hold documents having legal retention periods of one to five years and 30 to 40 years after termination. There are about a dozen federal laws specifying these retention periods.\n\nAccumulated Records\nWhat to do about accumulated records? Simple for financial records: discard compensation and tax records after four years. Obvious? Perhaps, but one can sometimes be surprised upon discovering dusty caches of such records much older than four years.\n\nThe answer isn't as simple for documents held in personnel files. We have good reason to keep records of employment actions for the duration of e
1023277
I know being in michigan that an employer can tell other places of business that yes, you did work at that company and the dates worked there.  They CANNOT state whether you have been fired or quit.  They CANNOT state how you worked at that place of business or they CANNOT say what type of person you are or if you have any jail time.  Seek legal cousel if you think you had an unjustice.  They may be able to steer you in the right direction.
733972
nobody have the time to call the former employer.HR are very busy these days.\n\nyou just say yes.
953142
contact the company you worked for--they should be helpful
584890
unless there is some form of employment contract, employment is "at will."  employers can terminate an employee for any reason at any time EXCEPT for a reason that is based on that employee being a member of a protected class, which is also known as illegal discrimination.\n\nso - if some employees are terminated and others are not for doing the SAME thing, it is up to the wrongfully terminated employee to prove that their termination is a form of illegal discrimination.  i have no opinion on your specific case, as you've not provided enough detail for me to have one.\n\nif i were the owner, and a customer was trying to provoke an employee, i'd invite them to leave the premises.  if they didn't leave, i'd have them escorted off the property for trespassing.  this presumes that the owner/manager is present during the incident.  if i learned my employee responded to a customer's provocation, i'd reprimand the employee UNLESS i thought that the employee was either too far over the line, or this wasn't the first time - in which case, they'd be out the door immediately.  like it or not, customers pay the bills, and a restaurant with employees that talk back to customers EVEN when they are in the right will find it hard to keep the doors open.  \n\nif i were you - a co-worker - i'd keep my mouth shut unless i felt like looking for another job real soon.  unless you are a manager in this company, if is not your place to question the personnel decisions of your employers.
926171
You should be able to contact the Human Resources office of your old employer, assumint they are still in business.  Considering that it was your plan, you are entitled to the information within.
758856
I'm a manager at my workplace and, yes, lots of those 'little things' end up in people's files.\n\nI can't speak for your workplace but I can say the following for mine:\n\n- I only refer back to someone's file if there is a recuring problem.  For example, I've noticed Jim's lateness is an issue.  I can go back and see how many times we've spoken to Jim about being late.  Eventually, something will have to change, because it isn't fair on Jim's workmates who show up on time.\n\n- I add good things to my team's file when they've done something good.\n\n- Things are put into a person's file for many reasons - but untimately it's designed to build a history.  Who makes more errors than the others - and what can we do to help them make less errors?\n\n- I've had team members who have been given 'first and final warnings' (the last step before dismissal) who have then gone onto receive promotion after promotion...\n\n- Ultimately, if you are doing your job and what is asked of you - there is nothing to worry about.\n\nI imagine once something is in your file it's there for good.\n\nYou need to realise that it's you that is allowing this to inhibit your ability to work.  It's a few sheets of paper in a filing cabinet.  I don't want to be harsh, but get on with life...\n\nYou need to decide each morning am I going to go to work today and worry about what may or may not be in my file, or am I going to go to work today with a positive attitude, have fun, enjoy my day, and do my job to the best of my ability?\n\nIf you do the latter, you willl have no problems regarding your personel file.\n\nIt's your choice...
698044
I have never once had an employeer ask for my previous W2's.  Why dont you ask them why they need this information?  Here is a link with someone who had the same problem: \nhttp://vnboards.ign.com/thistledown/b5157/99916716/p1/?9
188913
You should have received one when you emerged from the BK.  You paid for it already, but if you don't have it, you could try to go back to the attorney who helped you.  I doubt it would be free to make the copies though. Nothing is free anymore, that is the plain and truth of it.\nOr, you can go to the court and get copies, but again, you will likely pay.\n\nI know this isn't much help, but I don't think there are any alternatives.
171800
contact the IRS.  By law your previous employer needs to keep their copy of the W2s on record for 7 years.  it is THEIR responsibility to make certain that you received it.