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personal files
#1
I have a leagl question. I am in Florida. I just received my case file and the w/c attorney took a form that says request for medical files and scratched out medical and hand wrote personal file for me. She sent it to my employer from 1988-2001. It included my application. I did not ok this and want to know can they legally request this from New Jersey? I got hurt at work in 2006 at a job in Florida. This form was scratched out which does not even seem legal. Why would they want a personal file for a employer from years ago which had nothing to do with my injury? Sounds like they are fishing. Is this legal?
 
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#2
I am sorry that you seem to be in the process of being victimized. I don't know the legalities of what is being done, but if you don't already have a lawyer yourself, I would get one. There will be someone here who can answer the question you posed, so hang on in there. I do have to say, however, that it seems to me that they can not ask for personal files if you have not signed a release form. Scratching out the intended file request, I would think, is illegal. The only reason that I can think of for requesting this in the first place, is to find some sort of recorded behaviour which might help to invalidate your claim. Only guessing, though, on my part.
 
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#3
you don't have to ok every action your atty takes on your behalf. discuss it with your atty and if you can't trust your atty then you can switch to another.
it was probably a subpoena.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
Pay attention and fast. These Personel Files can not be released without your permision. If they are, you can file charges with the EEOC and you will win a right to sue letter. From there you hire a Labor Attorney and sue with all your might.

It is only illegal if you didn't give consent.

This I do know, and this true.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
my lawyer went after and got my personal files to show that all my evals were good and I was up until my injury a valuable employee but he had my permission to do so....I had nothing but good in my files so I wasnt worried..
........I love cats, I just cant eat a whole one by myself......







 
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#6
I attended my immediate supervisor's depo and my attorney asked him several questions about my job performance and eval's over a 20 year span. He said he had no complaints , that I was one of his best, flexible, willing to help others employee and yet basically called me a liar and cheat by denying my claim. My attorney requested at that point to see everything on paper. I had no problem with it. Did you know that your attorney crossed this out when you signed the form? If he changed it afterwards I think it's low BUT as long as he/she is doing their job and you trust them I wouldn't be concerned.
 
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#7
It is against a State law to allow acess to these files, without the employee's written consent. Jayne gave her permission to acess files.

Access to information about employees should be strictly limited to those people in your business with a need to use the information in their jobs. Many States are aggressive protectors of employee privacy and random or unauthorized access to personnel files can bring on severe penalties. Make sure that you store personnel files in a secure location and that they are not left unattended even during the business day. When asked by people outside the company to provide "verification" of certain employment information about your employees, make it a practice to confirm only the information your employees have authorized you to release. Employment verifications are usually required to support such things as mortgage applications, credit applications and the like. Employee authorization should be in writing and specify the information they wish you to reveal.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#8
I myself, would never consent to release my Personnel Files, ever if I haven't had a chance to review them, and get any mistakes and corrections done to them first neither.

Plus, there are rules on how to make corrections, as they are not to be removed, but a letter is stapled to it, showing the correction.

Also employee's pesonnel files, are to be cleaned out, after so many years, to remove items that are old, and no longer being used, except of course the application. (Example) A warning letter from 5 years ago, can be removed, and should have.

Any medical records should also be in a seperate File other than the employment personnel file.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#9
Do you meen your attorney or the attorneys for WC.........
 
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#10
The Attorney had to cross out Medical for Medical isn't allowed in a Personnel file.

This web link is for 18 States and includes Florida;

http://www.ewin.com/articles/faq.htm#Access to Personnel Files
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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