Simi Valley, CA asked in Employment Law for California

Q: My employee informal employee folder has been lost by my employers management team. Is there anything I can pursue.

I work for the California Department of Motor Vehicles and have been there 32 years. Each office maintains what is called an informal folder, an employee folder. Things filed in there are time sheets, annual certifications, corrective and non-corrective memos. In addition, copies of hiring documents such as the employment application, and documents to verify you are here legally. These have my full name, birthdate and social security number on them. The management team in the office knows it was received there when I transferred. At this time it is nowhere to be found. I have given this a lot of thought and I would like to pursue something other than an "oh well, we are sorry, we dont know where it is", such as financial compensation. These folders are kept in a locked cabinet in a locked room and the fact that mine did not make it to that level of security after 32 years is very troubling No one can tell me where the folder is.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: You have no injury at this point. If the file has been misfiled and is therefore still somewhere in the employer's possession, there is no chance of identity theft. Mistakes happen. Suing your government employer will likely end up costing time, money and effort and end up with either a government immunity situation, or little or no damages.

Good luck to you.

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