Common use of Removal of Counseling Records Clause in Contracts

Removal of Counseling Records. Neither performance review, informal nor formal counseling shall be considered as disciplinary action nor as prerequisites to disciplinary action. The record of counseling shall be removed from the employee's personnel file after twelve (12) months of satisfactory performance during which the employee has not received a less-than-satisfactory service rating, been the subject of disciplinary action which has not been reversed, or received further formal counseling for the same or similar reason(s). In the event the Employer fails to remove the above-cited material at the conclusion of twelve (12) months of satisfactory service as defined above such removal shall take place immediately upon discovery of the error or following the request of the employee. Upon removal, these records will be sealed and will only be opened in the event that such records are needed to provide a defense for the Employer's actions in Civil Rights litigation. These sealed records will not be used for the purpose of initiating discipline against an employee.