If I may have signed a contract on the premises of my former workplace (after being told it was a condition of my employment) and it was transferred to a third party that is utilizing an unconscionably broad interpretation of it, but the human resources officials at my former workplace are stating that they have no record of the contract and will not tell me to whom it was transferred, is there a way that I can make someone tell me where the contract is so that I can have its provisions terminated?
1 Answer from Attorneys
I cannot determine from your question whether you have a contractual or employment relationship with the person or entity that is currently withholding the information. You might be able to employ California statutory provisions which allow employees to demand copies of records in their employee files.
Under California Labor Code section 432, "If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of
the instrument upon request"
Under California Labor Code section 1198.5 you generally have a right to inspect your entire employee file:
"(a) Every employee has the right to inspect the personnel
records that the employer maintains relating to the employee's
performance or to any grievance concerning the employee.
(b) The employer shall make the contents of those personnel
records available to the employee at reasonable intervals and at
reasonable times. Except as provided in paragraph (3) of subdivision
(c), the employer shall not be required to make those personnel
records available at a time when the employee is actually required to
render service to the employer.
(c) The employer shall do one of the following:
(1) Keep a copy of each employee's personnel records at the place
where the employee reports to work.
(2) Make the employee's personnel records available at the place
where the employee reports to work within a reasonable period of time
following an employee's request.
(3) Permit the employee to inspect the personnel records at the
location where the employer stores the personnel records, with no
loss of compensation to the employee.
(d) The requirements of this section shall not apply to:
(1) Records relating to the investigation of a possible criminal
(2) Letters of reference.
(3) Ratings, reports, or records that were:
(A) Obtained prior to the employee's employment.
(B) Prepared by identifiable examination committee members.
(C) Obtained in connection with a promotional examination.
(4) Employees who are subject to the Public Safety Officers
Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
of Division 4 of Title 1 of the Government Code.
(5) Employees of agencies subject to the Information Practices Act
of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of
Division 3 of the Civil Code).
(e) The Labor Commissioner may adopt regulations that determine
the reasonable times and reasonable intervals for the inspection of
records maintained by an employer that is not a public agency.
(f) If a public agency has established an independent employee
relations board or commission, an employee shall first seek relief
regarding any matter or dispute relating to this section from that
board or commission before pursuing any available judicial remedy.
(g) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees. Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization."
The foregoing does not constitute legal advice and is provided for informational purposes only. Legal advice must take into account facts and circumstances which are not identified in your question, and should be the result of a give-and-take conversation with an attorney. No attorney-client or other relationship is created by the undersigned responding to the above question.
I wish you the best in resolving this matter.