I work for a relatively small design firm in Boston of about 15 employees. I have been here for over 6 years and 3 years ago I was promoted to Associate; there is only one other Senior Associate and then the President.
Last week I was called into the conference room by the President and told that an employee had filed a complaint against me for three items:
1. Smoking on company property.
2. I allegedly made an inappropriate comment to an ex-employee.
3. I divulged privileged information to non-privileged employees.
I was handed an "Incident Report" listing these items which is to be placed in my personnel file.
The President said that this was not a big deal and I didn't have to worry about it but had to do this under Mass Labor Laws, which may or may not be true. I think he is more interested in protecting the himself, which I suppose is understandable.
The incidents listed allegedly happened on 12/22/06 and I was not told about this complaint until 1/23/07, a full month afterwards. I was quite shocked that it took a month for me to be told of these complaints.
Now seeing that all of this happened at a after-hours company get-together in the office where alcohol was being served I cannot remember making any statements inappropriate or otherwise to the ex-employee in question. I have since emailed them and apologized for anything I may have said that could have offend.
As to the the first item, I suppose I am guilty as charged for smoking next to an open window.
The third item, privileged information, concerned the fact that another employee had given their two week notice, which I was told about that morning by the President. I mentioned it to another employee as "Did you hear that so and so has quit?" and was overheard by the offended party.
When the President informed me that morning that this employee had given their notice I was not told that this was "privileged information" in any way or told not to talk about it.
So, my questions are, is the fact that an employee had terminated their own employment legally considered privileged information? Or is this a company policy issue? I know that the comment allegedly made, which, as a stated in the report is very vague and could have easily been taken completely out of context by the offended party, could be construed as harassment but is this something that the President was obligated by law to write up an insert into my personnel file?
Obviously I am concerned that these complaints could be used against me in the future even though I have no reason to think they would since I have received nothing but high marks on my yearly performance reviews but I would rather not have them in my file. I am in the process of writing a rebuttal to these allegations to be inserted alongside it in my file, which I believe is my right and want to sight any labor laws relevant to this situation.
Our little company has a very lax atmosphere but a very high turn-over. 9 office mangers and clerical staff in the last 6 years and more than 30 designers have come and gone in the same time period. I feel that the President is becoming concerned that some of the past employees or soon to be past employees may take legal action against him for whatever reason and is trying to make an example of me and these allegations by suddenly instituting this policy, which is not detailed at all in our office manual.
Sorry if some of this sounds more like complaining about office politics but I do have some legal questions here. Thanks for all responses.

With rare exceptions, the only information that an employer is required by law to keep confidential is certain medical information. However, an employer is entitled to consider certain information "privileged" and, in fact, should do so. There is some information which should ethically be kept private even if the law does not require it to do so. With some obvious information included on the list, it's up to the company what information this includes.

While there is not a law that says, "When an employee commits such-and-such an act, it is mandatory that he be written up", it is strongly recommended that an employer document warnings and disciplinary action. Failure to do so can result in legal difficulties to the employer and are, frankly, only fair to the employee.

I'm not a lawyer but I do have a suggestion that was once told to me.

I do ask that if I am wrong on any point that I be corrected because what I say can only be considered word of mouth.

It is my understanding that you also have the option to add things to your personal file. You may choose to write a response to the complaints. This way, if you are questioned for it 5 years down the line or for some reason "made an example of" you can show an immediate and rational explination to the situation.

Basically what I am trying to say is you can get both sides of the story in your file. This looks good because you are proactive about your image. And one's memory is always sharpest immediately after the fact so a written explanation could prove helpful.

It can't hurt!

Rhubarb is correct, at least in MA. Massachusetts, and a handful of other states (NOT all states by any stretch of the imagination) allows you to write a rebuttal to any information in your personnel file with which you do not agree, and the employer is required to place your rebuttal in the file.