Discipline records-how long to keep?

gimper

In the state of Montana, how long do we need to keep discipline records in an employee's file? Is there a time limit on retaining such documents? I have it in my mind that written warnings are to be removed after one year as long as no other incidents occur during that period. However, our progressive discipline policy for the managers states that the documents are to remain in the employee's file for 23 months as long as there are no further incidents. I could use some help. Thank you.

Down_the_Middle

Your state undoubtedly has a recordkeeping statute for employee information and likely mirrors the federal requirements which I believe, is 1 year for the info you mentioned. It makes no sense to me that employers would discard this information after 1yr. I think it belongs in the employees personnel file until the file is expunged in the future. I don't believe formal, disciplinary actions should have a sunset provision and disappear after a designated period of time. If the disciplinary action was serious enough to warrant being written and discussed with the employee (and likely leads to other employment actions), I think it s/b retained in the file.

Mike Maslanka

should positive commendations also be exempted from the sunset provision as well?regards from texas,mike maslanka

Rockie

I've not heard of expunging disciplinary proceedings from an employee's personnel file. This gives a history of the employee's performance and any issues that may have arisen in connection with the employee.

sonny

At my former place of employment we had a CBA that dictated removal, if there were no further infractions, after a certain period of time. I don't remember the exacts, but something like after 2 years, a written could be removed, after 4 a suspension. It was the employees responsibilty to request the removal and what was funny is they seldom remembered. I agree, they should stay in..for the most part. . I did come across a record the other day where the employee had been suspended for 1 day, 15 years ago, for being late. No other problems.Is that still relevant?

System

I asked Jeanne M. Bender, editor of our [link:www.hrhero.com/mtemp.shtml|Montana Employment Law Letter], about this. She said there is no Montana law on this, but if you have a policy, you should follow it to the letter.

Jeanne M. Bender
[email]JBENDER@HOLLANDHART.COM[/email]
Holland & Hart LLP
Billings MT
(406) 252-2166

James Sokolowski
Senior Editor
M. Lee Smith Publishers

AMW

We have employee discipline records that go back as early as 1990. We are working on getting the information into a database so that we can get rid of the hard copies. I have heard that 2 to 3 years is sufficient for discipline files.

AMW

dhnyct

I agree with Rocky...We keep records of complete employment history. How else can you back up personnel actions, positive as well as negative? Maintain them for the specified time period after termination and then destroy.