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THIS WEEK’S E-TIP

Disciplinary Notes: How Long to Keep in File? Q&A

 
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Past disciplinary problems are relevant when evaluating an employee’s overall performance, but should you keep disciplinary records indefinitely in an employee’s file? Find out what the experts say, below.

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Q: We have an employee who violated our Internet policy last year (spending too much time on non-work-related Internet sites during work hours), and we placed a warning note in his file after discussing the issue with him. Now, a year later, he has not had any further disciplinary problems. Should we maintain the warning note in his file or should we remove it in light of his improved performance?

(Download free Disciplinary Procedure model policy including HR best practices and legal background.)

A: Most HR and legal experts agree that it is appropriate for employers to give less credence to past disciplinary actions when an employee’s performance has improved and a substantial period of time has passed, particularly when the disciplinary issues are relatively minor. However, they also advise against entirely removing memos or other disciplinary information from an employee’s personnel file.

Here’s the rationale behind this approach. A progressive discipline policy applies increasingly more severe penalties based on whether the violation is a first, second, or on-going occurrence. Typically, both the severity of the problem and the length of time between incidents are considered when you discipline employees for repeat offenses. For relatively minor issues, many policies reduce the importance of previous incidents after a year or more has passed between occurrences. 

 
However, past disciplinary problems (even minor ones) are still relevant when evaluating an employee’s overall performance and when making employment decisions. Accordingly, you should be able to consider or ignore previous disciplinary problems, as you consider appropriate, when applying your disciplinary policy or making other employment decisions. So, you need to have a record of all past disciplinary issues or you may not be able to evaluate properly an employee’s performance when future problems, or promotion opportunities, arise.

To this end, the model Disciplinary Procedure policy, Chapter 808, Comment (8) in our Personnel Policy Manual System, reserves the employer’s right to ignore or consider past acts. It statements: “If a disciplined employee works a full year without further disciplinary action under this policy, the next failure to meet behavior or performance standards may be treated as a first occurrence under this policy. However, the Company may still consider all past disciplinary actions in evaluating the employee.”

To use the employee in question as an example, if he has an attendance problem in the coming months, you may treat that issue as a new, separate disciplinary problem and not consider the past Internet issue when applying disciplinary action. But, if you were considering the employee for a promotion six months later, you may want to take into account both the Internet policy violation and the attendance issues in determining whether he would be a good candidate for promotion.
 
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Content for your HR Matters E-Tips newsletter is developed from our
flagship publication, the Personnel Policy Manual System (PPMS).

Subscribers to the PPMS and HR Policy Answers on CD can find a model progressive disciplinary policy in Disciplinary Procedure, Chapter 808, as well as information on considering past disciplinary problems in notes 6 and 13.

If you don’t have access to the PPMS, but would like to have a free, no-
obligation 30-day review, go to: www.ppspublishers.com/ppm-ez.htm

Or just give us a call at 1-800-437-3735.
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YOU CAN TRUST PPS
Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.

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