Is it legal for the HR department to add statements to apersonnel file that they know are not true?
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Is it legal for the HR department to add statements to apersonnel file that they know are not true?
I have worked for a school district for 4 years and within that time I have fought for 3 years to have statements written by co-workers taken out of my file. I recently lost my job because of those false statements. After I received my third copy of my personnel file, I found documents accusing me of doing illegal substances from 2 years ago, in my file. The drug issue was never brought to me and I had no idea that those statements existed. HR knew nothing about the charges and I was terminated for “most recent” discipline action, I was accused of threatening to beat someone up. I did not.
Asked on September 30, 2010 under Employment Labor Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to seek help from an employment attorney in your area. Large organizations, such as a school district, have rules and regulations but most importantly they have rules and PROCEDURES that have to be followed when an employee is accused of an inappropriate action. Do you have a handbook of sorts or anything as to same? The procedures need to be followed or the door could be opened to a wrongful termination suit. Are you part of a union? Do you have a contract? All this matters as well. "At will" employment is a whole other ball game, where you can be fired for any or no reason. But they gave you reasons here. Now they have to back them up. Good luck to you.
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