In regards to CA Labor Code 226 (c):…”A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made.”
Can you please explain this in laymans terms.
I have written my former employer 2 mail certified letters requesting a copy of my personal file, including: timesheets (we clocked in & out on computer-sometimes a coworker might have accidentally clocked in/out on another’s clock ID) & paystubs (payroll direct deposit-if we wanted paystub we had to login to the website A*P, that was managing payroll.) I use to have access to the A*P employee login almost 2 months after I was terminated; however after I sent the first letter requesting they mail the complete documents, especially my paystubs+timesheet log for the past 3yrs, they disabled my access. They did mail me a copy of my personal file, but I don’t know if its complete or not, and only provided me with the last 3 months paystubs (no timesheet). They said that I need to be more specific of the paystub dates that I want (even though my letter specified last 3yrs), and that I should’ve printed it out myself each payroll (I explained to them before that I have no printer at home).
I received the docs well after the 21days per law, their reason is because they said they responded to my first letter by mail with a given appointment time for me to have to travel to them to view my personal file & give them a reason why. However, I somehow overlooked that appointment they scheduled. When I did write them back, I let them know my oversight & explained that it was my understanding that we should’ve scheduled a date we both would agree on, seeing as I would have to arrange childcare+transportation. Nonetheless, they blamed me for my misunderstanding & dismissed any fault of their own. I have to research the past 3yrs for a wage claim because I am not able to readily ascertain the information without reference to other documents or information.
Another thing that has been mind troubling, is the fact that my former employer could “re-write” their Company Handbook to bypass any liabilities & there would be no way to prove if it was. Its a small doctors office with less than 10 employees, all I know is from the beginning of my employment: we hand received paystubs+timesheets, then about 3 years ago, they switched to direct deposit, but still had timesheets prepared per payday/paystub in the office in a binder that we could get (we had to sign that we received it).
I intended to ask this question & include a short Background of my scenario, however I guess thats impossible since every detail is crucial. I just need help in fully understanding & comprehending the except of Labor Law 226(c)…especially the words underlined & in bold.
Thanks!