I am in the process of fighting my former employer for wrongful termination based on FMLA rights violations. I've been attempting to continue my record gathering including making a fifth attempt to get access to information I am entitled to in my personal file, in this case being Records pertaining to attendance including absences as well as tardiness. In response they informed me that they do not keep such records. Now how is that when they can use attendance in any number of employment actions against employees but not have proof? Is this legal?how would firing or disciplining an employee based on absenteeism be legal if they couldn't back it up?