How Can I Get My Employment Records?

Описание: This video is about how to get your Employment records from your employer, including payroll and disciplinary record. Here is what you need to know:

Legal Links and Information:

A. Employees Have An Enforceable Right To Copies Of Their Payroll Records
Employees have a right to inspect and copy their payroll records within twenty-one (21) days of an oral or written request. If the employer fails to timely provide the employee’s payroll records, the employee has a claim for $750.00 as statutory penalty, a Court order to produce the documents and responsible attorney’s fees and costs.
Legal Authority:
Labor Code 226 § (b), (c), (f) and (h) provide:
https://leginfo.legislature.ca.gov/fa....
B. Employee Have An Enforceable Right To Copy Their Personnel Records.
Employees have a right to inspect and copy their personnel records, including records relating to their performance or any grievance relating to the employee, within thirty (30) days a written request. If the employer fails to timely provide the employee’s payroll records, the employee has a claim for $750.00 as statutory penalty, a Court order to produce the documents and responsible attorney’s fees and costs.
Legal Authority:
Labor Code § 1198.5 (b), (k) and (1)
https://leginfo.legislature.ca.gov/fa...
C. Employees Have The Right To Request Copies Of Any Document They Signed, But It Is Not Enforceable.
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. Unfortunately, the legislative did not include any enforcement mechanism in the statute, so an employee cannot sue an employer for failure to provide this type of documents.
Legal Authority:
Labor Code § 432
http://leginfo.legislature.ca.gov/fac....
“Section 432 does not provide a statutory penalty or any method for private enforcement. Because the statute does not contain a private right of action, it cannot form the basis for Plaintiff's claim.” Kroeger v. Vertez Aerospace LLC, 2020 WL 3546086 at *8 (C.D. Cal. 2020).
Free link: at page 11
https://law.justia.com/cases/federal/...


Video Transcript:
This video is about how to get your employment records from your employer.
This is Brad Kane with unpaidnannies.com.
If you are working in someone else's home, they are paying you and you're under their direction and control you are an employee in the state of California mandates that they keep records of your employment and the documents.
That you sign in the times that you work and there are statutes that they provide, if you request them they must provide them to you in either 21 or 30 days depending on the type of records.
And if they don't pay there are statutory penalties, you know, and the purpose of these statutes is to help, you know, what evidence your employer has when you are bringing a claim for unpaid wages and in know what your rights are.
And so again, that is something that I or someone else can help you with and there's some templates on the site that can that you can use yourself and and send this to your employer in an email requesting your records and hopefully that's all you need to do to encourage them to pay you.
This is Brad Kane with unpaid nannies.com.