Found my filing in my personnell file at work

[nosrus77]

I happened to find my filing notice (our local paper prints them every Monday) from almost a year ago, stapled to an evaluation form in my file at work.

Contracts are coming due May 31, and while we all know it is illegal to fire because of BK, what about them not renewing my contract?? I'm going to copy what I found, and hang on to it, but man, just when things appear to be behind us, this comes along.

Any advice??

[krielly]

WOW! Your employer must have a lot of extra time on their hands. Perusing the paper and all, and cutting this out and attaching it to your evaluation. Seems like a busybody to me.

You seem pretty relaxed about it........I guess I would be kind of PO'd.

Just curious, what line of work are you in?

[sharksfan]

Thats crap. I'd be pissed!

[nosrus77]

Well, I am pissed, but yelling about it on here won't help. I work for a small University. I don't work in the business office, so there's little chance I could ever take anything if that's what they're worried about.

I don't get it, but I do question the legality of even making a note in my file. I mean, isn't that borderline discrimination? If they don't act on it, I guess it isn't, but if that causes me to not get future promotions or something, . . . .

[sharksfan]

I'd keep a photocopty for your *own* personal records incase something does happen.

[Dollar Bill]

Does the BK court send notice to the employer?

How did this get into the hands of the employer? Did they need to somehow make a statement on your behalf?

[lrprn]

Does the BK court send notice to the employer?

How did this get into the hands of the employer? Did they need to somehow make a statement on your behalf?

This employer saw the notice in the local paper, cut it out, and attached it to the employee's HR file.

When you file bk, it's public notice. Anyone can find out you filed if they know where to look.

[lrprn]

I happened to find my filing notice (our local paper prints them every Monday) from almost a year ago, stapled to an evaluation form in my file at work,

Here's what I want to know - what legitimate reason does your employer have to include this kind of information in your permanent personnel file? Personally I every reason I can think of falls under "discrimiinatory" unless the university is also cutting out and stapling all the divorce and traffic ticket newspaper notices to employee files as well.

However, until actual damage is done that you could trace directly to the notice, then there's no legal action that can be taken.

If you filed with a lawyer, have you told him/her about your discovery?

[danaf]

This is totally screwed up. If it were me, I would go back in there and snatch that clipping right off that eval (when no one was looking of course). They'd have absolutely no proof it was you who did it. Then they'd have to go through an aweful lot of trouble to reproduce it.

Other than that - you are sort of in a rock n and hard place. You can't say anything cause then they'd know you were snooping in your own personel files. Despite the bk and the clipping, if your eval was good last yr., I would try not to worry.

[BKOnce]

Luckiky you still have job to earn - so don't attempt try to stir up their mud puddle please... keep the job silently.

[Flamingo]

First, you could get a warning if it was found out you were snooping in personnel files unless you have authorized access to them; with privacy laws now in effect, you would have one heck of a time explaining your way out of that one. It is possible someone in your office saw the listing in the paper, brought it into work and it made it's way to HR. Or it could be your employer himself/herself saw it and for some reason put it in there. Is your filing a CHapter 13 where you might be having payments withheld from your paycheck? While of course you are upset with finding that clipping and being attached where it is attached, divulging that you saw it can get you in more hot water than if you left it alone. They cannot fire you for filing bankruptcy. They can fire you for other reasons, and HR file snooping can fall among them. I would leave the matter alone, do your job well and do not give them any reason to suspect you could screw up your job because you are or were in financial difficulty. If you are fired for any reason, it would be extremely difficult to prove that it was related to your filing bankruptcy. Having a clipping in your HR file does not prove a thing. If you can prove it was totally related to the filing, you have a good case and would need to consult an labor law attorney.

[Flamingo]

Since I have worked closely with HR, I also wanted to mention to you that if you are being watched at work for any reason (i.e., missing a lot of time, coming in late, messing up projects, slacking on the job, etc., etc.), employers will start collecting things on you (notes you give them for absences, emails you may send out or receive or if you visit websites during the day, reports from coworkers and people/clients you may work with/for as part of your job) to build a case against you to fire you. Collecting something like that clipping could be a part of that. I am not doing this to frighten you, this actually occurs if they plan to fire someone. If you have recently been given any verbal warnings or it was noted you were late a lot or took of work early a lot or came in late a lot, or your last job review was not that good, it's time to be careful and be at your best. If none of that applies to you and you are a good employee, I would let it go, keep your eyes/ears open and do not divulge to anyone you saw that clipping in your file.

[CindyLou]

I was about to ask the question regarding why you have access to your HR file?? Honestly I don't think there are any "rules" about what can and cannot be kept in your HR file. The laws/rules come into effect based on whether they take adverse action upon you....

[CATCHMEIFYOUCAN]

I would steal the whole file and let someone worry about where it went!

Catchmeifyoucan

[Flamingo]

I was about to ask the question regarding why you have access to your HR file?? Honestly I don't think there are any "rules" about what can and cannot be kept in your HR file. The laws/rules come into effect based on whether they take adverse action upon you....

You are correct - there are no rules as to what can go into your personnel file as long as it relates to you during the course of your employment with the company. Copies of letters or emails the company has received about you (good or bad) can be in there (say for instance you spoke with someone on the phone and the person on the other end contacts the company and tells the company how pleased they were with how you handled the matter). Same would apply if they notified the company they did not like the manner in which you handled the matter and reported one as rude, etc. What most employees don't know is how much Big Brother watches you during your employment. My first instinct when I read this thread was that they were watching the OP because lots of times, when someone has financial problems or problems at home (i.e., divorce going on), one may slip on the job as to getting things done, missing work, etc. Something like a BK or divorce issues, family matters, etc. could offset things that have been reported about the employee during that period.