misleading info on personnel file: want removed

[leigh123]

What is the name of your state (only U.S. law)? Vermont.

I was on a probationary contract at a public school and at the end of the year was let go (not renewed). They can choose to non-renew for any reason so this is legal. However, the reason they sited is "breach of confidentiality with a parent". It is true that I had a conversation with a parent, who approached me about an issue about her child and another boy in the class. She already knew about the situation and the name of the other boy.

When I was hired, I was given an employee manual in which it states to: "maintain a high level of confidentiality, in accordance with the Federal Law (FERPA.)" My conversation did not violate FERPA. Nonetheless, (I now know) the School does not want the employees to have any conversations about the students, to refer them to the guidance counselor.

There was no hearing, but my records state that I was terminated due to "BREACH OF CONFIDENTIALITY". I do not want this stated to future employers, as it sounds worse than it is.

I know the employer can tell a future employer whatever they believe to be true, but is there a way to have this removed from my file? How did I 'breach' something that is not part of their policies or training?

Thank you.

 

[pattytx]

You cannot force the employer to remove anything from your personnel file. You can request that the employer include your statement rebutting the information, but I'm not sure if Vermont is one of the few states that require the employer to accept such a statement for the file.

cbg should know when she gets here.

 

[mlane58]

Vermont law is silent on the issue of personnel records.

 

[leigh123]

Vermont law is silent on the issue of personnel records.

According to the contract, employees have the right to review the contents of their personnel file and provide documents for their file, including written response to other material.

Not sure how this will help, though.

 

[cbg]

There are some states which, under law, give an employee the right to place a rebuttal in their personnel file if there is anything with which the employee disagrees. Vermont is not one of those states.

In no state can an employee force an employer to remove anything from their personnel file.

 

[pattytx]

However, if the contract requires the employer to do so under the circumstances, then they must, irrespective of the fact that the law does not require them to.

 

[cbg]

According to the OP, the employee has the right to review the file by contract. She doesn't say anything about the contract requiring the employee to be able to rebut.

I agree that IF the contract says so, the employer must allow it. But that's not what the poster says, the contract says.

 

[pattytx]

According to the OP, the employee has the right to review the file by contract. She doesn't say anything about the contract requiring the employee to be able to rebut.

I agree that IF the contract says so, the employer must allow it. But that's not what the poster says, the contract says.

Good catch.

 

[leigh123]

...it says : "...employee may provide documents for their file, including written response to other material."

am I not understanding this correctly? It sounds like I CAN write a rebuttal. (?) Thanks!

 

[pattytx]

Confirm with your union rep.

 

[CourtClerk]

Confirm with your union rep.

Forgive me, but isn't this ALL a moot point since she's no longer an employee? She's an ex-employee, she doesn't have the protections of the CBA anymore... (correct me if i'm wrong).

 

[leigh123]

Forgive me, but isn't this ALL a moot point since she's no longer an employee? She's an ex-employee, she doesn't have the protections of the CBA anymore... (correct me if i'm wrong).

My concern is if a prospective employer calls the School for a reference check, and they use they term "Breach of Confidentiality"

 

[pattytx]

Good point, CC. Probably not.

 

[CourtClerk]

My concern is if a prospective employer calls the School for a reference check, and they use they term "Breach of Confidentiality"

Regardless of what your concern is, if it's in your file, it's there and you are in no position to make them take it out. You yourself said the contract said

employee may provide documents for their file, including written response to other material

well, you're not an employee anymore, therefore, it doesn't apply to you. You can't hide behind the union and a contract where one doesn't exist anymore. The operative word in your sentence you keep spouting is employee. You are no longer an employee.