Anchorage Daily News

Q. What rights do I have as an employee when my company's personnel officer, who is ticked because I make more money than she does, puts gossip into my personnel file?

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Ever since I got my last raise, "Heather" has been on a vendetta. She interviews my co-workers about me, not realizing that they turn around and tell me all her questions. I've been told she takes copious notes whenever anyone mentions problems they think I have yet takes no notes when people tell her good things about me.

I also find it totally creepy that twice I've found Heather sitting at my desk when I've come back early from lunch. When I asked her what she's doing, Heather says, "Oh, just leaving you a note" even though she has no pen in her hand.

I'm not the only one who's come under Heather's microscope. I personally know two employees who feel Heather uses her position's authority to attack employees against whom she has personal bias. Unfortunately, neither wants to speak up. I also believe one individual resigned because she felt unfairly targeted by Heather and didn't want to put up with it. If it matters, our company is based in Washington and has offices in Alaska and two other states. Do I need an attorney to help me here?

A. Alaska law gives you the right to read anything written about you that has been placed in your personnel file. To exercise this right, ask a senior manager or Heather to show you your personnel file. Within 48 hours, they must either turn over to you a full copy of your file or let you read it in the presence of either Heather or the senior manager.

According to attorney Alicia Berry, "If you don't agree with the contents of your file, you may ask to place a correction or rebuttal in the file" because "your employer has an affirmative duty to remove irrelevant or erroneous information" from your file. Thus, once you've read your file, if you believe Heather placed unfair, inaccurate or distorted information in it, provide your company's senior management proof and ask for Heather's notes to be removed. If they won't allow this, ask that your rebuttal be included in your file.

As an employee, you also have the right to fairness. According to attorney Lee Holen, this includes the right to be treated similarly to your co-workers. Thus, if Heather subjects you to harsher scrutiny than other employees, you have an equity case you can bring forward to management, or one you may use should you be terminated due to Heather's influence.

Holen further questions whether Heather, because she's not your supervisor, has the authority to independently evaluate you and add information to your personnel file.

Although you might need an attorney if you get fired, Holen urges you to first exhaust all internal company grievance or informal problem-solving processes before you consider legal action.

Meanwhile, your company appears to have a problem. Both your personnel officer unfairly targets you or you and possibly two others believe she does. Your management may welcome your bringing this situation to light.

Q. Three of us have worked at this company for a long time and feel like family. In the last year, our company grew and hired five new employees.

The three of us always give gifts to each other at Christmas and birthdays. Three of the new hires are also Christmas types and all six of us give everyone presents.

Two other new hires aren't Christmas types. They not only didn't give presents, they didn't thank the rest of us for the presents we gave them. It's hard for some of us to overlook the fact that these new hires got six presents and didn't feel the need to give in return.

A. Each person draws his or her own line between work and personal life. At Christmastime, this makes for awkwardness between those who consider others in their workplace friends deserving presents and those who don't.

You can't expect those to whom you give presents to gift back. You can, however, expect thanks. Those who forget to say thanks lack class, and you give yourself the best New Year's gift by realizing this and moving on.

Lynne Curry is a local management trainer, consultant and syndicated columnist. Her advice and opinion column appears Mondays. Questions for her column may be faxed to her at 258-2157 or mailed to her c/o Anchorage Daily News, P.O. Box 149001, Anchorage 99514-9001. Her e-mail address is lynne@thegrowthcompany.net.

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