If I’m trying to get documents/records from my former employer because they are denying me unemployment benefits, ow can I get them?

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If I’m trying to get documents/records from my former employer because they are denying me unemployment benefits, ow can I get them?

Asked on August 16, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 9 years ago | Contributor

Send your employer a letter requesting a copy of your personnel file.  In your letter, state that California Labor Code section 432 requires that: "If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of the instrument upon request."

Also state that you are requesting the full contents of your personnel file pursuant to California Labor Code section 1198.5.

Finally, request copies of all documents and records your employer is required to keep pursuant to California Labor Code section 226(b).  These statutes provide for penalties for refusing to honor a current or former employee's request for his or her personnel file within 21 days of receipt of the request.

Hope this helps.  All the best,

Ari Leichter


 

 


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