Question to Ask the Workplace Doctors about content of files:
I retain copies of emails, reports, activities and other doc. which are then placed in a performance file. These items, both positive and negative in nature are reviewed and used during a performance appraisal, recognition or to doc. a developing concern. Is it legal to retain these documents in a performance file and not in the employees personnel file?
Our site does not provide legal opinion, but it does give educated advice on such questions as yours. Two guest respondents, each with extensive experience in Human Resources, have addressed your question. I think you will find their answers are sound although they differ with respect to what they would put in an employee’s file. Dan Kearney says, “Many supervisors and managers keep a performance file these days. This is done to keep track of the employee’s performance so that the manager or supervisor can “quantify” the performance of the employee being reviewed. These “notes” do not belong in an employee’s personnel file. Many times supervisors and managers forget events in the employee’s performance, and in this litigious society, managers find themselves discouraged from using a qualitative approach in favor of a quantitative approach. These notes help them to quantify and are not illegal.” Jerry Allen advises: “The documents described in your e-mail (performance appraisals, e-mails, reports, etc.) are certainly very confidential in nature and such should be filed/stored in a very safe and secure file. Yes, I think they should be in the personnel file. I am not sure it is legal to have them in a separate file or not. I would suggest they be placed in the employee’s Personnel File, in a separate folder, labeled: Performance Appraisals and Related Information.”