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    boscoec690's Avatar
    boscoec690 Posts: 5, Reputation: 1
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    #1

    Apr 16, 2013, 03:14 PM
    Personnel Files
    Can derrogatory and or disciplinary information be placed into my personnel file without my knowledge?
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #2

    Apr 16, 2013, 03:25 PM
    Have you met with a supervisor or director and talked about the incident and then signed anything?
    boscoec690's Avatar
    boscoec690 Posts: 5, Reputation: 1
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    #3

    Apr 16, 2013, 03:27 PM
    Quote Originally Posted by Wondergirl View Post
    Have you met with a supervisor or director and talked about the incident and then signed anything?
    No, I had no knowledge of this write up until I was told of it 10 months later when I inquired as to why I was not considered for promotion
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #4

    Apr 16, 2013, 03:28 PM
    Quote Originally Posted by boscoec690 View Post
    No, i had no knowledge of this write up until i was told of it 10 months later when i inquired as to why i was not considered for promotion
    Do you know what it was for?
    boscoec690's Avatar
    boscoec690 Posts: 5, Reputation: 1
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    #5

    Apr 16, 2013, 03:31 PM
    No, I had no knowledge of this write up until I was told of it 10 months later when I inquired as to why I was not considered for promotion.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #6

    Apr 16, 2013, 03:33 PM
    Quote Originally Posted by boscoec690 View Post
    No, i had no knowledge of this write up until i was told of it 10 months later when i inquired as to why i was not considered for promotion.
    I understand that. Do you know what incident you were written up for, and do you remember it?
    boscoec690's Avatar
    boscoec690 Posts: 5, Reputation: 1
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    #7

    Apr 16, 2013, 03:34 PM
    Quote Originally Posted by Wondergirl View Post
    Do you know what it was for?
    Yes, I was not wearing my bulletproof vest on duty because I had been using the restroom. I was told that I should wear my vest when using the toilet and I did not have it on. I was unaware I needed to wear my vest when sitting on the toilet.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #8

    Apr 16, 2013, 03:39 PM
    Quote Originally Posted by boscoec690 View Post
    Yes, i was not wearing my bulletproof vest on duty because i had been using the restroom. i was told that i should wear my vest when using the toilet and i did not have it on. i was unaware i needed to wear my vest when sitting on the toilet.
    Thank you. Is this written down in an employee manual you were given, that you should have known this (they think)?

    In Illinois where I am, if there is a work incident/infraction, the employee is informed of it and can sign (or can choose not to sign) a statement that he agrees. Where are you and what are the laws/rules for this in your area?
    boscoec690's Avatar
    boscoec690 Posts: 5, Reputation: 1
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    #9

    Apr 16, 2013, 03:48 PM
    There is nothing written that states we must wear out bullet proof
    Vests while sitting on the toilet. We are in California and we did not sign anything stating we knew of this. Our Chief simply said that he pays for our breaks and that all equipment is required while on break. Again, there is nothing in reference to bathroom functions and it is nearly impossible to sit on a toilet with my gun belt and vest on.

    In Illinois where I am, if there is a work incident/infraction, the employee is informed of it and can sign (or can choose not to sign) a statement that he agrees. Where are you and what are the laws/rules for this in your area?
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #10

    Apr 16, 2013, 03:53 PM
    Apparently, if they feel they can write you up without your knowledge, they also think they had the right to add the infraction to your file.

    We have several very sharp workplace/legal experts here, so please stay tuned, check back now and then, and look for their responses. I'll watch this thread and PM some of them to look at it, if necessary.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Apr 16, 2013, 05:30 PM
    I can find no reference to any requirement that employees in CA are required to be notified of ANY entries into their personnel files. There is Labor Code Section 1198.5 that requires that employers make these files available for inspection. However Public Safety employees (which you may fall under, are exempt from that requirement).

    Its been my experience that whether employees are informed about any write-ups is a matter of company policy rather than law. However, most employers want to develop employees so want them to know if there are items that need improvement.

    I'm wondering what you want to happen here.
    teacherjenn4's Avatar
    teacherjenn4 Posts: 4,005, Reputation: 468
    Education Expert
     
    #12

    Apr 16, 2013, 07:43 PM
    Quote Originally Posted by boscoec690 View Post
    There is nothing written that states we must wear out bullet proof
    vests while sitting on the toilet. we are in California and we did not sign anything stating we knew of this. Our Chief simply said that he pays for our breaks and that all equipment is required while on break. Again, there is nothing in reference to bathroom functions and it is nearly impossible to sit on a toilet with my gun belt and vest on.
    It sounds like you are in law enforcement here in CA. If so, have you checked with your union?

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