Employee performance "notes"

Karla

The company I currently work for has an "unwritten" rule that says supervisors/managers are not to keep any notes on any employee of any type with them. Any notes on the employees are to be put in the personnel file (signed or not), which tends to result in no documentation at all.

Supervisors/managers ask me how can they keep track of absenteeism/tardiness/performance issues if they are not allowed to keep track of them somehow besides in their heads. The best answer I can give them at this point is every time they talk to their employees (positive or negative) is to use our "all purpose" form where they can check what type of conversation it is, coaching, verbal warning, written warning, other, etc.

I know that a lot of supervisors/managers in places I've been before have kept a confidential "log or calendar" of employee positive or negative events to jog their memory when a review comes up or if a pattern is starting (like with absenteeism). Of course when an employee is "officially" written up here, it is signed and put into their file. Is this common practice everywhere or am I in the twilight zone? Any advice?

Balloonman

Due to my extensive WC dealings I always make notes of conversations that I have with injured employees, these have been incredible valuable down the road. I have found that the fact that you have made notes all along adds tremendous credibility. Especially when you have an employee there, and they agree that they remember this conversation, that conversation etc., until they get to the one that is causing them grief. Then they don't remember it. Usually I ask, but you recall the others, previously, and they say yes. Hmmmm funny you recall all but this one, forgetting either something I said or what they said. But when you have notes from all of the conversations, it makes it obvious they are being less than truthful.
I consider these notes critical, and keep them regardless of the unofficial policy of the company. You must be aware if a lawyer gets involved, you may have to turn your notes over, if they ask for all files. If they just ask HR for personnel file and you have this as a seperate file, and you are not in HR then it may or may not have to be turned over. Can get tricky.
My $0.02 worth.
DJ The Balloonman

Theresa Gegen TX

It is very common for managers to keep seperate notes on employees. I agree with the previous poster that supervisors should note when they give oral counseling to an employee. Otherwise they may not recall or if the employee later claims he or she was never warned, having a writing can be great evidence.

But here is the reason for your company's policy: Those supervisors notes are discoverable and evidence in a lawsuit. If they are not kept in a business-like and professional manner, they can be used against the company. The company policy is probably a way to control that issue and ensure that discipline is given fairly (Only for people who have been warned by being written up).

If you are going to change the policy and allow supervisors to keep some notes, I suggest that the company give them some basic guidance on writing professional notes. Keeping notes of late arrivals and attendance should be simple. Keeping notes of oral warning or converstations may be more difficult.

Good Luck.

Karla

I think that's part of the reason they have this rule... They are afraid if we have supervisors/managers keeping separate notes and someone comes in asking for all of the documentation we have, they feel the people asking for the documentation will then have access to "everything" in the plant.

Don D

The recently published M. Lee Smith booklet, authored by attorney Ann Williams, covered this subject well. It spoke of a trial during which a supervisor's notes were introduced. They were not in the personnel file. The jury felt that perhaps they were conjured up to present the employee in a bad light. The recommendation of the writer was that all such notes should go to the file. I was trained early on to keep 'drop in' files on employees, into which went all these little daily notes of transgressions. I suppose that theory was deep-sixed along the way because of their questionable validity. If your issue is attendance and tardies, your time clock cards will show that. Or if you don't punch clocks, I see no problem with a log kept by the supervisor. What gives me pause is that supervisors might build files on people totally catching the HR department off guard.

Shawn

I advise Supervisors to keep notes for their employees regarding positive and negative performance related issues. I explain they need to be factual, with dates, and nop editorial comments. Supervisors are made aware that these could be subject to discovery. We have found them helpful in preparing for a performance evaluation. All disciplinary docuemntation and axctual performance evaluations are stored in the Personel file. In Ohio public employment, the personnel file is public record (minus SSN and medical info).