How and with whom would I file falsification of records charge

When I received a requested copy of my records I found that all positive remarks by my manager were removed from my performance evaluation and that my, and my manager’s, written comments on that same evaluation were not included either.
This evaluation was then used to label me not eligible for rehire to a seasonal position.

Asked on May 21, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no such thing as a "falsification of records" charge--the law does not impose accuracy or completeness requirements on an employee's file. There is also no inherent right to be rehired, so an employer can generally decide for *any* reason that a given employee is not eligible for rehiring. Therefore, there is no case to be made for how they keep your file or not rehiring you generally.
You mention that you have contacted the EEOC about retaliation. If you have been discriminated against (e.g. due to race, national origin, religion, age over 40, sex, or disability) or retaliated against for reporting such discrimination, then you may have a case. In those instances, what they have done with your records or about barring you from rehiring may be evidence in that case, such as of illegal discrimination or retaliation. But what they have done with your records is not itself illegal; it could be part of some other illegality, but there is no charge or claim based only on it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.