Can my supervisor keep a second, secret personnel file?
No. According to a California Supreme
Court decision, L.R. Miller, Jr. vs. Chico Unified School District,
July 1979, the employer is prohibited from doing this. A second
personnel file cannot be compiled. If your supervisor is doing
this it violates state law and cannot be used in any official
capacity or disciplinary procedure.
Can I have a negative document removed from my file?
Sometimes. You can request that
items be removed from your file. According to the current contract,
letters of warning or disciplinary actions will, upon written
request, be removed from the file if there have been no other
warnings or disciplinary actions of the same kind for a two year
period. In addition, you can request that other items be removed
from your file, including a poor performance evaluation. Sometimes
a supervisor will agree to remove a poor performance evaluation
after a subsequent review shows improvement.
Can I have items put in my file?
Yes. Your supervisor must agree
to include in your file any written response you make to letters
of warning, disciplinary actions, or performance evaluations.
You can request other items be put in your file, for example,
a certificate of completion from a course of study, or a letter
thanking you for, or complementing you on, your work.