Question:
Can I see my personnel file?
Answer: Yes. You are entitled to view your
personnel file and receive a complete copy of it free of charge.
Question: How do I do
that?
Answer: Write a note to your supervisor
requesting a copy of the file (or to view it if that is all you
wish to do). Keep a copy of the note with your copy of the file.
This is now your official record of the file as of the date of
the request. It is a good idea to number each page when you receive
the file.
Question:
Can my supervisor keep a second, secret personnel
file?
Answer: 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.
Question: What if I find
a "surprise" in my file?
Answer: Your supervisor is not supposed
to put any disciplinary notes or memos in the file that you have
not seen. If there are things in there that are a surprise to
you, you should ask to have them removed.
Question: Can I have a
negative document removed from my file?
Answer: 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.
Question: What if I ask
my supervisor to remove something and she refuses to do so?
Answer: Your CUE representative can work
with you to assist you in negotiations with your supervisor to
get items removed from your file.
Question: Can I have items
put in my file?
Answer: 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.
Question: When I transfer
to a new job on campus does my personnel file go with me?
Answer: Not necessarily. On most campuses,
your personnel file does not go with you unless your new department
requests the file. They can request the old file at any time after
you start work and combine it with your new file, or they can
choose not to request it and start the file with your new job.
Question: Should I request to
see my file if I am not having problems on the job?
Answer: Yes. If you are curious, you may
want to ask to view the file rather than actually receiving a
copy, but for your own protection it is a good idea to look at
your file. Many supervisors are simply unaware of the rules regarding
files and may put items in the file that should not be there.
The only way you can contest this is to see the file. Knowing
you are informed about your rights regarding personnel files may
prevent a supervisor from violating the rules.
