can I obtain my work file from my first employer?

  1. My first CNA job was in a vent facility in Indiana and it was awful so understaffed and over worked it almost ruined things for me. They paid me 10.75 an hour no over time and I have a lot of weeks when I worked over 40 hours or they forced me to. they terminated me for allegations of verbal abuse (they terminate everyone for that) I know I never verbally abused anyone plus by state law I was told they are supposed to call the police around the time it happens or when they are doing the investigations, so something does not add up to me! Any way the day after I was terminated I had to go in to sign a paper for why I was terminated I was stupid and should not of signed it but it said verbal allegations not verbal abuse allegations to me that says I never verbally abused any one. I had almost 36 hours of PTO time (paid time off) plus the over time hours. I asked "what about my PTO time?" I was told it says in the employee hand book that it is null and void upon termination. so I let it go but my over time pay I have been contemplating for a long long long time! so fast forward.

    about a month ago a nurse I worked with over there who always picked up hours worked her self in to the ground just to stay busy got fired for the same things and she asked the same thing I did what about the PTO time they gave her the same answer. she looked over the employee hand book and it said nothing in there at all about PTO time being null and void upon termination so she went and got a lawyer or talked to some government agency I cant remember which and now the owner of the company has to pay her $4000 and her over time and PTO time. I want to do the same thing only because I need the money desperately for school if I wasn't going to school out of my own pocket I would just let it go but I need the money. so I want to go over and get copies of everything in my file and then go to the better business board or where ever I need to go to get what they owe me. so do they have to give me a copy of my file upon request? I know I would have to present a proof of address and Identity and possibly proof of working there like a W2 or a pay stub.
    I am going to do my research but I want to opinions, advice and upfront facts on this issue please and thank you!
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    About IdianaCNA1993

    Joined: Oct '11; Posts: 92; Likes: 34


  3. by   Esme12
    I am so sorry you are going through this. There are bad employers out there....unfortunately we cannot give legal advice as per the Terms of Service...
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    Indiana – Wage and Hour Laws | Employment Law Handbook

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    These resource might help...thread closed.