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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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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.
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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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