[kp2171]

I always ramble... my short question is what "right" does a worker have to HR records, specifically anything tied to that worker's suspensions/terminations?

So... I have two immigrants from war torn africa living in my house. We met through a church activity, and I offered them room that I had available at no cost. They are both here legally. Both work hard hours at a meat packing plant.

The husband, lets call him MJ, is a union member, has been doing paid translation work for the company during day hours for new hires (apparently when you live in refugee camps for 16+ years you learn a half dozen languages) and then working the next shift doing physical labor.

Two weeks ago his hand was caught in a machine. They had to dismantle the machine. Broken finger, no real feeling in the middle three so far. The company took care of him, seeing he had appropriate med treatment. Looks like up to 6 mo of physical therapy. Not sure if his hand will recover use.

Since the incident, I think the company has been "setting him up" for possible termination. Supervisors have asked him to do translation work on floors he did not normally work on, and then immediately called him into HR for not wearing all the appropriate safety equipment for those floors. He was asked to clock out and sent to the lunchroom. Then asked to do translation work and union witnessing off the clock. Then sent home. There was no record signed by him nor a union rep witnessing documenting his violation or any kind of suspension.

And they keep changing their story. First they questioned why he was on the other floor without proper equipment. Then later complained he didn't register at the machine he was working on. MJ said there have been no issues with his performance in the past, until after the injury. I suspect he did violate at least one co policy that is not strictly enforced.

He's been asked to go to HR tomorrow after his medical apptmt. He is thinking, based on their questioning and body language, that he will be let go.

I am likely to contact a state workforce compliance officer tomorrow, and probably a lawyer... but as all of this just happened, and as MJ's meetings tomorrow are early, id like a little info if anyone has any. The union has not exactly been at his back, hasn't returned calls promptly, so I'm not sure if they're OK to throw him under the bus. An immigrant who doesn't know his rights might be easy to brush aside.

So... does a worker have any right to access info in their HR records? What info is available? Suspenion/termination documents? Evaluations? The process to demand such info? Written? Verbal? Time allowed to gather?

Thanks for any perspective. I'm guessing ill know more in the next two days... but id like to be able to know what he might be able to ask for tomorrow if push comes to shove and see their response.

Danke!

[ScottGem]

Generally company records belong to the company. However, if there is a legal action those records can be subpeoned.

[JudyKayTee]

Did he file for workers comp and does he have an Attorney - this sounds like a third-party action (by the way). The company did not cause the injury; defective equipment may have.

I would love to get my teeth into this one.

Scott is right - records can, will and should be subpoenaed. If he thinks he is getting set up he needs to adjourn the meeting AND get an Attorney - now.

[kp2171]

Thanks to both of you. I thought that all promotions, suspensions, termination records were available upon demand.

I'm not certain the equipment was faulty. I believe he made a mistake on the line... simply got his finger in the wrong place while tired... but fault isn't an issue, from what I understand, concerning his medical treatment. Not sure how far that plays into med disability.

So... ill be making calls tomorrow. Think I've assumed too long that the union was doing right by him. Ill certainly be talking to a state compliance officer, and scouting for a lawyer. I've been documenting everything daily... but its all second or third hand info, and while his english is decent, there are issues concerning details.

This could get very interesting. The company "cancelled" one medical appointment he was to have with the doctor, having the on site wound clinic change his bandage instead of seeing the doctor... who was later apparently irritated by this. I don't know... start changing medical care to a worker like that and itd seem you are walking a line that is questionable... considering he might have permanent damage, and proper treatment might make a difference between use or disability. But I don't know the law, so ill get a team together.

Venting... what sucks is this kid just wants to work. He doesn't want trouble. Doesn't want a fight. He is not the "sue the b@atards" type... and telling him we might need to do that puts him all but in tears. Such a good kid. Lost his parents. Lost all but one brother to the civil war. And still, a young man of such peace and gentleness.

Off topic as usual... mkay. Well, I guess I can tell him to ask for records no matter... "no" is no less than what he has now, before we escalate this.

I hope they have their sh!t together. If they push him around like this, I'm sure I can find other workers from that site who have been terminated in much the same manner.

Thanks again.

[JudyKayTee]

Just one legal word - if being tired, being careless, being stupid causes a person to be seriously injured it is STILL a legal problem for both the employer and the manufacturer of the machinery. A good investigator will "make" this case.

I am not encouraging you to file lawsuits willy-nilly (or nilly-willy, for that matter) but it is something to look into.

I'll be on the next plane with my camera and notebook -

[excon]

Hello kp:

The idea behind "lawyering up" at THIS point is to prevent the situation from deteriorating further. Once his job is LOST, it becomes a different situation entirely.

If the company thinks it's going to have a fight on it's hands, it may think twice about letting him go.

excon

[JudyKayTee]

Hello kp:

The idea behind "lawyering up" at THIS point is to prevent the situation from deteriorating further. Once his job is LOST, it becomes a different situation entirely.

If the company thinks it's going to have a fight on it's hands, it may think twice about letting him go.

excon

And I will add that a legal professional is the person to tell the injured party what TO SAY, what NOT to say, what admissions to MAKE, what admissions NOT to make, what the company is entitled to know - and once too much info is given it cannot be taken back.