Q: I was fired for threatening another employee (which never happened).
I was never given a chance to defend myself. One day I just receive a call saying I’m fired for violence in the workplace. No explanation. I had to advance this to the corporate offices just to get an idea of why. Now, they won’t let me have my personnel file. I know Idaho is right to work, but can I go after them for this?
A: You're correct that Idaho gave up union protection 30 years ago and loves its "Right to Work" philosophy. You have no "right" to your personnel file, it belongs to the company. However if you end up suing the employer, your attorney will immediately get a copy of your personnel file, as well as a copy of their "employee policy" file, which makes what was alleged, a "terminating event" for you. This is your only hope, to look in the "employee manual" and see what type of rights an employee gets when there is some kind of accusation. When a company asks me to write an employee manual for their company, I tell them that I will only charge for 1 hour because my employee manuals is very short and says:
You have the right to work here, until a supervisor or other authority says you don't.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.