Q: Former employee filing false claims against employer.Does employer have to provide attendance records upon her request?
A former employee filed a claim with the Labor Commissioner claiming 9 days of paid sick leave against her former employer. Her attendance records did not match with the dates she claimed she was sick. She was actually working on most of those 9 days that she is claiming. She is now demanding her attendance records and personal profile. Most likely she wants her attendance records so she can change the dates she is claiming. The law in CA states: If employee files a lawsuit against employer that relates to a personnel matter, the right to review personnel records ceases while the suit is pending.
Does this apply to this situation?
A:
A Labor Commissioner claim is not a Lawsuit, so the law you quote does not apply. I also think you have not looked at all the law and have misquoted the law. Labor Code 226 gives an employee the right to receive her wage and hour records on a request by her or her attorney, within 21 days and if you fail to comply you pay a $750 fine. There is also the right to review (or receive copies) of all personnel records under other LC sections. Suggest you consult with an employment law attorney. The Labor Commissioner claim should be taken seriously. The fact that she got the dates wrong does not defeat the claim if there are other dates she was denied benefits.
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