Ex employer claims to have documents of my training signed by me claiming me of being aware of rule violations leading to my termination. I know that there are no documents what so ever with my signature on them. Shouldn't the employer be providing this as her evidence or do I subpoena for release of the said documents that I know she is lying about?

Please tell us WHERE you are in this process - union? state labor board? protest for unemployment (unfair firing)? general lawsuit in civil court?

Also, could these documents be the ones you signed when you were hired, that indicate the rules and consequences for violating them? "...aware of rule violations" can be construed as awareness before the fact or after. But an employer isn't required (unless it's written company policy) to inform an employee of violations as they happen, and get a signature indicating same. So I have a feeling you signed when you were hired, and that's all any decision making body needs.

Did you ask for any information on these docs?

You subpoena evidence in a court hearing and/or case and in some hearings before government boards.

So are you suing them ? Are you filing something against them at the labor board ?

IF they are merely telling others this, there is no subpoena.

At a hearing or court case they would have to present the evidence.

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Originally Posted by jamie b hayes

Ex employer claims to have documents of my training signed by me claiming me of being aware of rule violations leading to my termination. I know that there are no documents what so ever with my signature on them. Shouldn't the employer be providing this as her evidence or do I subpoena for release of the said documents that I know she is lying about?

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In most cases without a contract... they don't need any excuse to get rid of you. If you were in the union, this is their job to fight. If you had an actual contract then it would be yours, If you are an At-Will employee then its a long shot. Having been in the workforce for 35+ years... I find it impossible to believe you have had zero training and have signed zero papers in accordance to that training. Even if you are in an entry level job in which case you would still have had training and it would have been documented, and the more responsibility and the higher you rise the more of it there is. I have over a dozen every year and can't even remember NOT having any, since I worked part time in College.

Keep in mind.. if you make these claims and they do present proof of this training, your credibility will be shot.


Honestly, and this is NOT from a legal perspective, but opinion from personal experience as I have known a couple people who tried this. Your time would be better served finding new employment than fighting and spending a lot of time and money trying to get back into this one. Even if you did win...your future career there would forever be tainted. (Assuming this is in the United States). It might turn up in pre-employment screenings at future employers and get you disqualified before you ever got an interview, etc, kiss any promotions down the tube etc.