May an employer include disciplinary documents in an employee's personnel file?

Author: Marta Moakley, XpertHR Legal Editor

It depends. The following information may be included in an employee's personnel file:

  • Disciplinary warnings or notices signed by the employee's supervisor and the employee; and
  • Any termination information (if applicable).

However, detailed disciplinary documents, including the information regarding a disciplinary investigation or witness statements, should not be included in an employee's personnel file. Instead, these documents should be included in a legal or investigative file.