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Discipline Infraction Retention
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Discipline Infraction Retention
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
What is the usual time to keep discipline warnings in an employee's personnel file? One company stated that they keep up to 3 warnings in an employee's file for 1 year; then the employee's slate is cl
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Discipline Infraction Retention
posted at 7/21/1999 5:37 AM EDT
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Posts: 24
First: 6/25/1999 Last: 2/28/2000 |
What is the usual time to keep discipline warnings in an employee's personnel file? One company stated that they keep up to 3 warnings in an employee's file for 1 year; then the employee's slate is clear again and he/she can start from a verbal warning again. At that time, should the documentation be given to the employee or still be kept on record in the personnel file for future reference for discipline patterns, promotion evaluation, etc. If there is a pattern of not following policies each year, but not more than 3 warnings per year, is that enough to terminate (if the policy states everything is clear after one year)? |
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Discipline Infraction Retention
posted at 7/21/1999 7:36 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
In our agency, by negotiation with unins, warnings are kept for up to one year...they may or may not be referenced in the evaluation for that time period, at the supervisor's discretion. After one year, the warning is destroyed and if it is not mentioned in the evaluation, it "no longer exists" for future consideration or reference. The comments in the evaluation cannot be removed (unless it was successfully grieved) since it is part of an official record. |
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Discipline Infraction Retention
posted at 7/21/1999 5:22 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
You can do whatever you want to do, in terms of policy or contract. If your union contract (br agreement says) you keep them X length of time, then comply with the policy or negotiate a change to the policy during the next round of negotiations. If you have a policy which says we keep them three years, then keep them three years and then throw them out. If your policy says we will not RELY on discipline more than three years old, then keep the evidence of discipline (in the event of litigation) and just do not rely on it.
How long is long enough? It depends on your taste. When I litigate some cases, I want everything I can get on the employee. When I am defending some cases, I want nothing! |
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