Common use of Derogatory Material Clause in Contracts

Derogatory Material. 1. Information of a derogatory nature shall be discussed in a timely manner with the affected employee. The supervisor and the employee may involve other personnel as appropriate in the discussion of that material. Such material cannot be used as the basis for disciplinary action or for a negative evaluation until such communication takes place. 2. Information of a derogatory nature shall be entered into an employee’s file only if the employee has been given timely notice and an opportunity to review and discuss the information, documents, materials, or events with his/her immediate supervisor. 3. Either the supervisor or the employee may request a meeting with all interested and/or involved parties. At his/her option, the employee may bring a person/persons to the meeting with him/her to represent and/or to protect his/her interests. 4. The purpose of the meeting shall be to fully review all of the circumstances and to afford the employee an opportunity to discuss the derogatory information with his/her supervisor. 5. If the supervisor chooses to place the derogatory information in the employee’s personnel file, he/she shall follow standard evaluation procedures which include and require giving the employee ten (10) days to respond, rebut or comment on the materials before they are placed in his/her personnel file. Timelines may be extended by mutual agreement. FACTOR CHECK LIST DEFINITIONS AND GUIDES FOR USE Employee performance factors are defined below and suggested guidelines are provided. Each factor should be checked in relation to the individual employee’s duties and the amount of responsibilities. The degree of importance in each factor will vary according to the requirements of each employee’s job. For example, “Pupil Contact” may be of crucial importance in one position and relatively insignificant to another.

Derogatory Material. 1. Information of a derogatory nature shall be discussed in a timely manner with the affected employee. The supervisor and the employee may involve other personnel as appropriate in the discussion of that material. Such material cannot be used as the basis for disciplinary action or for a negative evaluation until such communication takes place. 2. Information of a derogatory nature shall be entered into an employee’s file only if the employee has been given timely notice and an opportunity to review and discuss the information, documents, materials, or events with his/her immediate supervisor. 3. Either the supervisor or the employee may request a meeting with all interested and/or involved parties. At his/her option, the employee may bring a person/persons to the meeting with him/her to represent and/or to protect his/her interestsherinterests. 4. The purpose of the meeting shall be to fully review all of the circumstances and to afford the employee an opportunity to discuss the derogatory information with his/her supervisor. 5. If the supervisor chooses to place the derogatory information in the employee’s personnel file, he/she shall follow standard evaluation procedures which include and require giving the employee ten (10) days to respond, rebut or comment on the materials before they are placed in his/her personnel file. Timelines may be extended by mutual agreement. FACTOR CHECK LIST DEFINITIONS AND GUIDES FOR USE Employee performance factors are defined below and suggested guidelines are provided. Each factor should be checked in relation to the individual employee’s duties and the amount of responsibilities. The degree of importance in each factor will vary according to the requirements of each employee’s job. For example, “Pupil Contact” may be of crucial importance in one position and relatively insignificant to another.