QUESTION
Do I have a legal right to see evidence my employer has against me?
Asked on Jan 07th, 2014 on Labor and Employment - Texas
More details to this question:
There is a woman at work that is trying to get me in trouble by saying I threatened her. My boss won't tell me the exact evidence HR has. All he says is it's from an email, text message or Facebook message which can't be true because I never threatened this girl in anyway! And I know those kinds of messages can be faked with apps and various internet sites. So my question is, do I have the legal right to see this "evidence"? I just know this woman faked the message in question. I just want to see it to prove it. But my boss and HR will not show me. What can I do?
5 ANSWERS
In Georgia, you have no right to see this evidence. If you are discharged, and have an unemployment hearing, they could then be required to share this with you. You are asking a question about "due process" which is very important in legal proceedings, but, due process rights do not apply to employers not yet in a legal proceeding.
Answered on Jan 09th, 2014 at 4:23 PM
Contact an attorney to determine what you may be able to do about your situation.
Answered on Jan 09th, 2014 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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Find a new job. I know that seems harsh, but by the time you hire an attorney to get that information disclosed to you, you will have ticked off your boss and HR so much that they will find any other reason they can to dismiss you.
Answered on Jan 09th, 2014 at 12:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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I would certainly engage an attorney and seek counsel regarding this situation. As this is a private matter, the rules and obligations of the parties to provide all of the evidence to the other which might have been necessary in a court proceeding probably do not apply here.
Answered on Jan 09th, 2014 at 12:17 PM
Bruce A. Coane
If you file a lawsuit, you could compel an employer to show you, otherwise, in Texas, without a union or contract there is no general right to see the evidence.
Answered on Jan 09th, 2014 at 12:16 PM