What the Contracts Say About the Counseling Memo

There are contractual provisions associated with the issuance of counseling memos.

1. All major state contracts require that counseling memos be placed in an employee's personal history folder and set forth specified periods of time after which the memos may be removed, if appropriate.
2. Some of the contracts require that the employee sign the memo to show receipt, or that it be sent to the employee's address of record, return receipt requested. Even where this is not required, the supervisor should request that the employee sign the memo to acknowledge receipt (not necessarily agreement); if the employee refuses to sign, it should be noted on the memo.
3. Finally, employees have the right to respond to the memo in writing. If the employee chooses to file a response, such response must be placed in their personnel file with the original memo.

Supervisors should contact Human Resource Management when specific questions of this nature arise.