Know Your Rights Evaluations and Personnel Files For most of us, evaluations are either good or we simply don’t get them at all. Sometimes, employees get bad evaluations. A bad evaluation is one that contains marks in any evaluation area that are worse than satisfactory or meets standards. Obviously, if the overall rating is worse than satisfactory or meets standards, then that would qualify as a bad evaluation also. A bad evaluation can lead to discipline. If you are given a bad evaluation, you have a right to representation if you or management wants you to discuss it with them in any detail. Remember, if you receive a bad evaluation and management wants to discuss it or discuss a performance improvement plan, you need to ASK for representation and then have your manager reschedule the discussion until a time when your representative can be present. Then call your Union representative, immediately. Management can give a bad evaluation to you and ask you to simply sign it without having a Union representative present. Usually, the evaluation form will state that your signature does not provide any evidence that you agree with the evaluation. If it doesn’t say that on the form, you can write the following above your signature: • “My signature below is not intended to indicate in any way my agreement with this evaluation.” Management could even tell you the reasons for the bad evaluation marks as long as they don’t ask you to respond. If they try to get you to discuss the evaluation, then you have an absolute right to Union representation. If they tell you the reasons for the bad evaluation marks, take notes. Then immediately call your Union representative and set up a meeting to discuss the evaluation, your notes, and your response before any scheduled meeting set up for you to discuss bad evaluation marks with your supervisor or manager. Your Union representative can then help you discuss your bad evaluation with your Supervisor and possibly secure a change in any bad evaluation marks that are inaccurate or unfair. Evaluation marks should be based on direct observation and objective criteria. Any performance plan your supervisor draws up: • Should be one that you can agree to. • It should contain recommendations for improving the mark that are observable and quantifiable. • They should be directly related to the bad evaluation mark. • If followed, the suggestions should resolve the issue that caused a bad evaluation mark. • The performance plan should have a pre‐established duration. A typical performance plan lasts from 90 days to ½ year. At the end of the performance plan, you have a right to representation at any follow‐up evaluation meeting, particularly if bad evaluation marks persist. Your Union representative can help you make sure that a performance plan meets the above criteria. Your evaluation must be signed before it can be entered into your personnel file. You have the right to respond to an evaluation in writing and have it attached to the evaluation when it is entered into your personnel file. Our mission: To improve the lives of our members, students and community. BUTTE COUNTY SCHOOLS CHAPTER 736 ‐ CALIFORNIA SCHOOLS EMPLOYEES ASSOCIATION Other Personnel File entries: No derogatory material may be entered into an employee’s official personnel file until they have been given notice, an opportunity to review the material, and an opportunity to respond to it. Bad evaluations are one kind of derogatory material. Others kinds of derogatory material include written warnings and reprimands. Obviously any record of a disciplinary action is also considered to be derogatory material. Disciplinary action includes suspension, demotion, termination or punitive involuntary transfer. Employees have a right to review the derogatory material and respond to it during their normal working hours. If you want to review your personnel file you must do so on your own time. Employees may not be able to review certain materials in their personnel files. These materials include ratings, reports or records that: •
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Were obtained prior to your employment, Were prepared by an identifiable examination committee member, or Were obtained in connection with a promotional examination. There is only one (1) official personnel file and it is generally contained in a secure location in your District’s personnel or human resources office. While a supervisor may keep his own file on you as an employee, the materials in that file cannot be used to discipline you. Only materials contained in an official personnel file can be used against you in a disciplinary proceeding. In a 1979 decision, the California Supreme Court interpreted Section 44031 as follows: …A school district…may not avoid the requirements of the statute by maintaining a “personnel file” for certain documents relating to an employee, segregating elsewhere under a different label materials which may serve as a basis for affecting the status of the employee’s employment. Nor…may the school district insulate itself by simply neglecting to file material which the statute contemplates will be brought to the employee’s notice. …Unless the school district notifies the employee of such derogatory material within a reasonable time of ascertaining the material, so that the employee may gather pertinent information in his defense, the district may not fairly rely on the material in reaching any decision affecting the employee’s employment status. (Miller v. Chico Unified School District (1979) 24 Cal. 3d 703) Sometimes management may accidentally place derogatory materials in your personnel file without giving you notice, a chance to review the materials, or a chance to respond. Though it shouldn’t happen, sometimes management will do this on purpose. CSEA highly recommends you review your personnel file periodically to make sure you know what’s in it. We suggest you look in your personnel file at least annually. Check to make sure that it only contains materials you are aware of. Also check to make sure it contains all the materials you think should be in there. For instance, if you got a bad evaluation, you want to make sure that your response to the evaluation is also in your personnel file and attached. Our mission: To improve the lives of our members, students and community. BUTTE COUNTY SCHOOLS CHAPTER 736 ‐ CALIFORNIA SCHOOLS EMPLOYEES ASSOCIATION