How and with whom would I file falsification of records charge
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How and with whom would I file falsification of records charge
When I received a requested copy of my records I found that all positive remarks by my manager were removed from my performance evaluation and that my, and my manager’s, written comments on that same evaluation were not included either.
This evaluation was then used to label me not eligible for rehire to a seasonal position.
Asked on May 21, 2017 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no such thing as a "falsification of records" charge--the law does not impose accuracy or completeness requirements on an employee's file. There is also no inherent right to be rehired, so an employer can generally decide for *any* reason that a given employee is not eligible for rehiring. Therefore, there is no case to be made for how they keep your file or not rehiring you generally.
You mention that you have contacted the EEOC about retaliation. If you have been discriminated against (e.g. due to race, national origin, religion, age over 40, sex, or disability) or retaliated against for reporting such discrimination, then you may have a case. In those instances, what they have done with your records or about barring you from rehiring may be evidence in that case, such as of illegal discrimination or retaliation. But what they have done with your records is not itself illegal; it could be part of some other illegality, but there is no charge or claim based only on it.
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