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After termination, can I keep copies of documents to establish a wrongful termination case?
Anonymous15 views3 answers
I was wrongfully terminated 3 months ago and I am in the process of gathering all of the documentation I can so I can begin initial consultations with employment lawyers. I am concerned that I do not have the right or may lose the right to the documents I need to establish my case. Most of my documentation is in email form. My understanding is that my employer owns the emails. Additionally, at employment, I agreed to sign and return a Termination Certification letter. I have not returned this yet but their lawyers have sent me two demand letters for it. I have not returned it because it says that I have returned all correspondence, including reproductions to them. Can I sign this and still keep the documents I need for my case?
The only documents you have a right to get or retain copies of are those that you have signed which relate to the obtaining and holding your employment, such as job applications, employment contracts, performance reviews, write-ups, etc., per Cal. Labor Code section 432. You also have the right to see what is in your personnel file, per Cal. labor Code section 1198.5.
While I know nothing of your case, it is likely that most, if not all other documents acquired through your employment are company property and must be returned. It would be a big mistake if you signed a document saying you returned documents considered company property but retained them anyway. You could find yourself on the defensive end of a lawsuit and give the employer a defense to your potential case, known as "after acquired evidence" which could seriously harm your case.
There are legitimate ways to obtain relevant evidence. If you retain an attorney, he or she will know how to do this through discovery. However, if you have questions as to which documents in your possession must be returned as company property, you must see an attorney immediately for appropriate legal advise.
Ann A. HullEmployment / Labor AttorneyNorth Hollywood, CACA licensed ·
I am an attorney that represents EMPLOYEES -- not employERs.
Please be careful about the advise on this board because there are many attorneys here that represent EMPLOYER -- and their opinion is going to be "pro employer."
My advise to you is to keep every piece of evidence you have that supports your wrongful termination case. It is my experience that employers often "lose" the documents that you could use to prove your case.
Also it is URGENT that you see an employment lawyer in your area ASAP -- and that you do not do anything -- and NOT SIGN ANYTHING before you talk to a lawyer.
This "TERMINATION CERTIFICATION" letter sounds very fishy to me. DON'T SIGN IT UNTIL YOU TALK TO AN ATTORNEY who represents EMPLOYEES.
You can find a list of attorneys that represent employees at the California Employment Lawyers Association at
www.cela.org
It is impossible to tell you whether certain documents in your possession must be returned as company property pursuant to the termination certificate letter you signed without having seen the termination certification letter.
After you file a lawsuit, your attorney will be able to obtain the emails and other documents you need to prove your case through the "discovery" process.
