| Coalition of University Employees (CUE) | 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705 Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX) |
Here is CUE's Know Your Rights handout on Personnel Files
Answer: Yes. You are entitled to view your personnel file and receive a complete copy of it free of charge.
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.
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.
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.
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.
Answer: Your CUE representative can work with you to assist you in negotiations with your supervisor to get items removed from your 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.
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.
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.