Personnel File

[DOW]

California
Twice I have had letters put in my file due to a coworker making false claims about myself and another coworker. In each of my two letters there is a a section of things I need to improve on, which states that I need to not "slander", and that I should refrain from "derogatory comments and jokes".

I asked my supervisor why these two comments regarding slander and derogatory comments/joke are there. His response was becasue they were exhibited by me. I asked him to explain when I did these things and what I said. He replied that he could not tell me. I then went to the HR department and asked the head of HR the same questions to which she replied that they conducted interviews with people and have concluded from the interviews that these two things (slander, derrogatory) had actually taken place. She refused to also tell me what I said, and she refused to tell me who claimed I said these things.

Can they really place these things in my file without telling me what I said? Can they do interviews and use statements from people to discipline me yet keep these people who claim I have done or said things as confidential information? It's as if I have no rights to address my accuser or even defend my position. In my last conversation with HR I was told to either let it go, or risk losing my job.

For refrence I am in a non union Manufacturing job.

 

[Beth3]

Can they really place these things in my file without telling me what I said? Yes. Your employer may put anything in your personnel file they wish to. Your agreement is not required.

Can they do interviews and use statements from people to discipline me yet keep these people who claim I have done or said things as confidential information? Yes. They have no obligation to give you any information regarding complaints made about you.

Personally, I think it's foolish on their part not share share at least some of the specifics with you (after all, if you're saying things that others find offensive, how can you refrain from doing so if you don't know what they're objecting to?) or to talk to you before deciding to take disciplinary action but they are not obligated to do so. All I can suggest is that you schedule some time with your boss and tell him you want to stop doing whatever it is that is offending your co-workers but until some specifics of the prior incidents are shared with you, you don't know what it is that you need to stop doing. Hopefully, a logical appeal like that will make sense to the boss.

 

[DOW]

Thanks Beth....but I have already done what you suggested. I even went as far as to drag my supervisor into HR and have him admit to that people are harrassing me (the one that has filed claims against me). He agreed that this person has no credibility with many people, and he admitted that I had come to him (my supervisor) almost on a monthly basis for the past year claiming I was being harassed, and each time I did this I allowed my supervisor to pat me on the back and tell me he is working on it and to relax, that many things will not change until certain people retire. So each time I leave and never file an official complaint at the request of my supervisor. Then this one coworker files claims against me bypassing our supervisor and heading straight to HR. Both claims he has made against me have been fabricated, although there is some tension in the work group because he and I do not get along.
I do not understand how anyone can be allowed to place items in a personnel file without showing the evidence. It does not make sense, yet maybe that is exactly what it is not supposed to do.

 

[Beth3]

I agree that it doesn't make sense as to why an employee would be disciplined based on complaints from an employee who is acknowledged as having no credibilty and why the employer would do so without talking to the accused as part of the investigation but nonetheless, it's not illegal. Unless the "harassment" you refer to on the part of this employee is BECAUSE of your age, race, gender, national origin, etc., that's not illegal either. It's not against the law to be a jerk.

The bottom line here is that you have the option to seek employment elsewhere if you don't care for the terms and conditions of your employment but you have no way to force your employer to start managing well.