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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38877
Experience:  Retired (mostly)
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An administrator at work has a copy of an evaluation that was

Customer Question

An administrator at work has a copy of an evaluation that was dismissed by the union and should not be on my personal file. When I asked him his reply was that it was for information and notes only and the original file was at the human resource office. Can he legally have a copy of an evaluation that was dismissed through a grievance process.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.

Unless you are a civil service/classified employee or K-12 instructor, there are no laws concerning the maintenance of unfounded records in an employee file. There may be a union contract agreement that requires the expunction of the record -- if so, then that would give you grounds for legal action or another union grievance to force the removal of the file. If none of the above applies, then the employer can maintain the records.

Please let me know if I can be of further assistance.
Customer: replied 4 years ago.

I work at a community college. I do not have a copy of the union agreement, I was just informed at the time that it was expunged and I was reevaluated, which was a clean evaluation the second time.

Expert:  socrateaser replied 4 years ago.

Community College Classified Employee laws are found at Education Code 88000-88040; regular and contract employees at Education Code 87660-87683.

Neither Chapter describes any provision for the expunction of personnel records. So, if the union contract does not provide for this, and the hearings officer, if any does not order it, then the employer is not required to expunge the negative records.


Note: The Ed. Code is extremely complex. I admit I could be missing something that would provide for the expunction of the records. But, I don't see anything obvious.

Hope this helps.