I was written up at work & my boss refused to put documentation proving my case in my personnel file. Legal?

Question

A friend was offered a job with my company based on outdated state required criteria. I gave her a copy of the new criteria, which clearly showed she was not qualified, that I got off the internet at home. I gave it to her during an after hours dinner. She went to the interview and asked questions and I was wrote up for attempting to destroy a program by turning away qualified people. I gave my employer a copy of the old criteria and the new and asked that they be attached to the write up and they refused to put these documents in my personnel file. I placed them in the file my self and they removed them. Is this legal?

Answer 1

My 1st impression is that you manipulated your "friend" by using the "new criteria" proving she was not qualified for the job, so she lost that job opp.
It is the hiring staff persons decision whether or not she was qualified for that job. Employers hire by qualifications, a college degree, the personality, age, etc. Employers hire someone with a bachelors degree in psychology (for example) for administrative postions all the time.
The manager chooses the employee she/he believes can learn the job.
Stop analyzing others by taking a long look at yourself, then start taking inventory. I suggest beginning with what is the nature of your need to control other people.
The "new vs. old job criteria" does need to be revised. One set of criteria for a specific job is needed.
If HR does not assit management in doing that, then send a letter to the Attorney General in your area, they will at least explain the law. The attorney generals office is good for determining labor laws.

Answer 2

I don't know about attachments but anytime your employer writes you up they are suppose to let you make a statement, on the write up itself, about the situation. So on the write up there should be a space for you to state the facts about the two attachments you wanted put in the file and why you gave them to her. If they won't let you attach them, then I would keep them in a file at home along with a copy of the write up. That way you have everything you need if you ever had to fight something. I think any time anyone is written up at work that they should have a copy of the write up made and given to them to keep in a file for themselves.

Answer 3

Yes, if you work for a large company you can file a complaint with the HR department.

Also you did not say what sort of job, if there are "state qualifications" then it would appear the position has to have a state licence or requirement of some sort,

If people are being hired without the proper licence then you can report the company to that government agency.

If the requirements are guidelines not requirements, you company is free to disregard them if they wish.
If you are wrote up, you can sue them to have it removed

Answer 4

While I don't know about the legality of files, they have the discression of fileing, but must provide you the opertunity to document a defence on record.

Sounds liek you need to approch higher authority in the company about the out-dated programs to make sure they don't get in truble with the law.

Also, they shouldn't be allowed to document you for off hours activites, you woren't working or on the clock, so they leagaly can't punchish you unless in the contract.

Answer 5

Get a new employer......if this deception is the way they want to hire people, then i sure as hell would not to work for them....i would contact your state labor board regarding the legality of this....

Answer 6

Contact the national labor board and file a complaint.

Answer 7

Contact your HR department--something does not sound right about this.