Is a direct supervisor allowed to keep a secret file on an employee for any reason?

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Is a direct supervisor allowed to keep a secret file on an employee for any reason?

I was told that my direct supervisor is allowed to keep a secret file on her employees with information to help

her. For instance, if an employee has showing up for work or showing up late problems. Just to keep a

record, etc. to cover themselves. I know the state passed a law 3 years ago pertaining to employee files but they were speaking of a secret file.

Asked on September 24, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The employer has to follow state law in regards to its official employee file. But a supervisor can keep her own notes about an employee or about any incidents that happened, the same way the employee can keep his or her own notes. The law does not regulate notes kept by supervisor or employee as individuals, it only regulates the compay's employee files.


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