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Fabricated information in performance review Wisconsin

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  • #16
    Legally

    I not trying to take any sides here. But legally your wife can only write a rebuttal and hope her management will put it in her file.

    For future reference, speak with your wife and tell her to keep a detail diary of details at work. In the event she gets terminated you can use this to show a lawyer to see if you have legal grounds for wrongful termination case.

    It is in her best interest if mangement is not interest in removing the incident from her file then let it lie before she gets herself terminated. If I was her, I would request from my employer to see my file and ask if any actions taken by the company are removed from my file after a certain period. Example if an employee is giving a decision making leave (DML), also called last chance agreement, it will stay in their personnel file for 4 years. Once it expires it may still be there but cannot be used against you.

    If she looks at her file she should take written notes of every entry in the file so the employer can not add stuff later that was not in there at the time she looked at it.

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    • #17
      Originally posted by USWMember View Post
      Example if an employee is giving a decision making leave (DML), also called last chance agreement, it will stay in their personnel file for 4 years. Once it expires it may still be there but cannot be used against you.
      Wouldn't this be specific to a union contract provision only? There isn't any LAW requiring this, right?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #18
        I will leave you with this thought: In recent history, two US presidents lied to the people. One said he never sold weapons to Iran and the other said he never had sexual relations with that woman. If you look into yourself and think, "something [more] should have been done" then, in the case of my wife, you may gain a clearer understanding of why we think something should be done. You may say that, a president's lie is far graver than a silly performance review, and I would compel you to not venture down that slippery slope.

        That's quite an analogy to a performance appraisal your wife doesn't agree with but you're certainly free to make a mountain out of a molehill if you wish to.

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        • #19
          union contract provision only

          Wouldn't this be specific to a union contract provision only? There isn't any LAW requiring this, right?

          I not saying it is a union contract provsision. I have worked in my 30 plus years for 3 employers. All of them had including my very first parttime job while in high school had an employee handbook that list discplinary action and how long it would stay active in your file.

          It is worth inquiring because if there is she can make sure it goes in the inactive file in due time.

          His concerns about inaccurate information in his wife file. She wrote a rebuttal. She should review her file to make sure that in 6 months from now or longer, if she gets terminated they don't come back and add more to the personnel file and back date it. After all she is accusing the employer of be unethical by placing false information in her file.

          Comment


          • #20
            Originally posted by USWMember View Post
            I not saying it is a union contract provsision. I have worked in my 30 plus years for 3 employers. All of them had including my very first parttime job while in high school had an employee handbook that list discplinary action and how long it would stay active in your file.

            It is worth inquiring because if there is she can make sure it goes in the inactive file in due time.
            Just saying that it's not required under any law. Legally, things can stay in her file forever.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #21
              Originally posted by USWMember View Post

              For future reference, speak with your wife and tell her to keep a detail diary of details at work. In the event she gets terminated you can use this to show a lawyer to see if you have legal grounds for wrongful termination case.

              It is in her best interest if mangement is not interest in removing the incident from her file then let it lie before she gets herself terminated. If I was her, I would request from my employer to see my file and ask if any actions taken by the company are removed from my file after a certain period. Example if an employee is giving a decision making leave (DML), also called last chance agreement, it will stay in their personnel file for 4 years. Once it expires it may still be there but cannot be used against you.
              Thanks for the comment. It is my understanding that most employees in her department are journaling (sp?) details with this particular manager. Three people have quit in the last year because of the manager. Now, with jobs tight, quitting is a more difficult proposition. No one is concerned about termination, they are more concerned with improving the working environment. I like "HateWorking's" three L's. She and her department are trying to Lobby for change. In this case, it seems that HR will play third party to meetings in order to keep a meeting balanced. They had problems with that in the past with an HR person getting fired for failing to act in that role. Given there is no union, lobbying for changes is, at best, an ad hoc proposition.
              Last edited by happyEmployee; 06-24-2009, 02:14 PM. Reason: grammar

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