the employees "file"

[Hey it's Me]

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

When a company says they are doing a "write-up" on you, and putting "it" in your "file", don;t they have to show that "write-up" to you? Can that be held against them if they actually put it in their without giving the employee the right to sign off on it? essentially, I understand that the employee has to see what's being put in their "file" to make sure they're not saying things that might not be true.

 

[You Are Guilty]

When a company says they are doing a "write-up" on you, and putting "it" in your "file", don;t they have to show that "write-up" to you?

Nope.

Can that be held against them if they actually put it in their without giving the employee the right to sign off on it?

Yep.

essentially, I understand that the employee has to see what's being put in their "file" to make sure they're not saying things that might not be true.

Nope.

(Unless you're in a union, then you probably do have some sort of rights to your "file".)

 

[Alex23]

I always wondered about that. I worked for a company for 20 years. Occasionally, things happened that I was innocent of or peripherally connected to, and the management would act weird for a while.

I always assumed that there was a file full of falsehoods and slander against me. That job is done, now, so I guess I may never know. Still, it would be good to know who ratted me out for whatever imaginary problems they thought they observed.

 

[cbg]

In some, but not all, states, an employee has a right under the law to see their file. In some they have a right to a copy of it.

However, in no state is an employer required to tell an employee about each and every piece of paper they put in the file, or to have them sign it.

NY, where the OP is, is not one of the states where there is a guaranteed right to see the file, but nothing is stopping the poster from asking. Some employers still allow it even if it isn't required by law.

Alex, you sound completely paranoid to me, but depending on what state you are in and how long ago you left, you may yet still be able to have proved to you that no employer is interested in filling a personnel file with false information that some unidentified person reports and which they did not investigate. If someone was making claims of misconduct about you that often, I assure you that there'd be more action than just "management acting funny for a while" - there'd be a full fledged investigation and trust me, you'd know it was happening.

 

[Hey it's Me]

OK, so..here's what happened....and before I write this I would like to request that the responses to help me understand if my employers have a right to; A) reprimand me; and B) write me up without ever having me sign it off; are given without sarcasm and cynicism and condescending commentary because I've seen that a lot here and I don't appreciate it. I am however, very appreciative of the information and knowledge you good people on this forum have to share for free, so with that said...
I'm a Social Worker, I work in an agency in NYC that puts SW programs in the school system. I, like many of my colleagues, am an MSW, NOT yet an LMSW. My agency is not unionized. Bottom line, I tried to create a program with a very important World Wide agency that runs zoos, wildlife and conservation causes. The woman I was going to collaborate with started there 6 months earlier and in our 1st meeting to talk about my students and my project idea, she told me she had a guy who worked there for 25 yrs fired and she thought I would be great for the job. she doesn't know me AT ALL and I was not there for a new job, but I told her that I might be interested down the road, for now I'm with this agency and bla, bla, bla....she made promises to me for the kids, she kept telling me she was writing the letter required to get the kids involved, but never sending it to me, I ended up calling the CEO of the company, she then called MY CEO and said my last email was offensive, which I assure was NOT. My CEO told me I was wrong and they were writing up this incident. I have yet to sign off on this "write-up". Social Work agencies are supposed to support their workers. This other lady has in turn stolen my project idea and told my CEO "When " they proceed with my project, I am NOT allowed to work on it.
I know I screwed myself...fine, don't rub it n please, just please help me to understand what are my rights.

 

[cbg]

1.) Yes, they have the right to reprimand you.

2.) Yes, they have the right to reprimand you without having you sign it.

Both answers are true because there is no law that says otherwise.

I don't know how to make it any more clear than that.

BTW, you can legally be fired for refusing to sign the write up if they offer you the opportunity.

 

[Hey it's Me]

Thanks for the info CBG, obviously,not the info I wanted to hear, but nevertheless, the facts and I will have to suck it up until I can move on then, live and learn, live and learn , live and learn....also, does OP stand for Office of Professions?
....thanks

 

[Alex23]

Alex, you sound completely paranoid to me.

That doesn't mean that it didn't happen. Weirder things happened at this job.

 

[cbg]

OP stands for Original Poster.

Alex, if you want to continue to believe that your employer is more concerned with putting fake info in your file than in the job you're doing, there's nothing I can say to stop you. So you just go ahead and be paranoid, while meanwhile your employment file back at your former employer contains your W-4 forms and benefit election forms, your emergency contact info, any performance reviews and probably nothing else.

 

[Hey it's Me]

Please help! Today I was handed the "write up" ( regarding the story I explained in an earlier post). I have read it over and I do not agree with what is stated. What do I do? I don't particularly feel comfortable signing it off. Can I take it home and write my rebuttal 1st? Can I even WRITE a rebuttal? They make a claim that the other agency is a community based org and I believe differently! What to do.

 

[kik1999]

Please help! Today I was handed the "write up" ( regarding the story I explained in an earlier post). I have read it over and I do not agree with what is stated. What do I do? I don't particularly feel comfortable signing it off. Can I take it home and write my rebuttal 1st? Can I even WRITE a rebuttal? They make a claim that the other agency is a community based org and I believe differently! What to do.

Ask your Human Resources Representative.

 

[VeronicaLodge]

plus, signing it doesnt mean you agree with it, it just means you saw it.

 

[Hey it's Me]

we don't have an offical HR department. The HR guy always says he's NOT HR. you can;t ask him ANYTHING about that. just help with benefits if there's a problem, he's the agency liason. There is NOBODY to refer to for HR issues. I've been advised today to "eat crow" and sign it without any excuses.

 

[cbg]

1.) In your state it is entirely up to your employer whether you can have a rebuttal put in your file or not. There is no legally guaranteed right to do so.

2.) No one can force you to sign the write up. However, you can legally be fired for refusing to do so.

3.) Signing it does not mean that you agree with what was stated; simply that you have been advised of management's view on the matter.

 

[Hey it's Me]

thanks for the help