Q: Am I allowed to request a copy of my verbal statement given to my HR rep if it was used as a reason for termination?
I gave a verbal statement to my HR rep of an incident that occurred over the course of 10 days at my place of employment, advised the notes the HR rep typed up would be sent to me for review and signature. I was then fired for not mentioning a part of the incident during my verbal recollection of the 10 days, but never received the a copy of the statement to review for errors or missing information. I was asked for the statement with a 3 minute warning, and it was in regards to the death of a friend so I was crying the whole time I tried to remember every detail of when I found the body deceased in his apartment.
A: You are free to request the employer's notes from your statement, but the employer is not obligated to give it to you, unless you file a lawsuit.
A: Terribly sorry to hear about your experience and condolence on your friend's death. Many states have laws that provide an employee with a right to see anything in the employer's file about them, which would include these notes. Under these laws you don't have to file a lawsuit, you need to make a written request. Your situation regarding the circumstances under which you were required to provide this statement, could be duress, and you may have rights to seek damages in a wrongful termination suit, under Washington law. Suggest you consult an employee's rights attorney local to you to discuss fully. Sorry this happened to you. Thank you for using Justia, Ask a Lawyer.
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