Daly City, CA asked in Employment Law for California

Q: Is it illegal 4 HR to keep LetterOf Warning & intent to dismiss letter in my personnel recd containing false allegation?

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
Answered
  • Santa Ana, CA
  • Licensed in California

A: HR must maintain an accurate personnel file. If the allegations are in fact false, you should demand in writing that an investigation into those allegations be conducted to verify their falsity. Once that is done, documentation of the investigation, its findings, and ultimately the conclusion that the allegations were untrue would also be contained within your HR file. This would in effect cancel out any documents regarding the letter of warning.

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