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Question

Asked 91 days ago by a user from Davidson, NC

Does an employee who has been terminated or has voluntarily left a job have the right to see his/her employment file without an attorney?

My daughter left a job and has repeatedly been refused to see her employment file. When applying for other employment her past supervisor has evidently given reason for separation that is detrimental to her. This is hindering her opportunities to gain employment now. The previous supervisor says he will only talk with an attorney and will not give her any information.

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Answers

Answer 1 of 1 - Answered 91 days ago

Frank A. Natoli Esq. - Lawyer from New York, NY

Hi,

While the former employer does not have to hand over company records to you, they do owe her a duty to be truthful and honest about her employment record. If they are making up things or mischaracterizing her employment history they can be held accountable for defamation especially if it hinders other employment opportunities.

You should disucss with an employment lawyer in your area.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,
Frank
www.LanternLegal.com
866-871-8655
frank@lanternlegal.com

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

View Attorney Profile | Phone: (866) 871-8655 Abuse

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