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PERSONNEL FILES

Must we explain reason for termination?

04/23/2008
   
Q. We are about to terminate an employee for several reasons. Are we required to provide a written document explaining the reasons for her termination? ...

10 Steps to Stress-Free, Lawsuit-Free Termination Meetings

04/08/2008
 
Terminating an employee is probably the hardest thing an HR professional has to do—and the most legally dangerous. To handle terminations well, you need to keep calm, communicate your message without escalating the tension and stick to a plan. Here’s a 10-step course of action ...

Personnel file policies & practices

04/08/2008
 
Q. What records should we keep in an employee’s personnel file? ...

Must we release personnel file to employee terminated for inappropriate behavior?

04/01/2008
 
Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files? ...

The wisdom of showing written performance reviews to employees

04/01/2008
 
Q. We usually don’t allow our employees to read or comment on their annual evaluations. Instead, we perform a performance review one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we need to provide them with a copy of the evaluation? ...

After a merger, must you draft new I-9s for all employees?

04/01/2008
 
Q. Our company is currently going through a merger. Are we required to complete a new I-9 employment eligibility form for each employee who worked for the other company, or are these employees “grandfathered” in? ...

Do employees have the right to access their personnel files?

03/01/2008
   

Q. One of our employees is having disagreements with his supervisor over performance issues. The employee has asked to see his personnel file. Does he have a legal right to see his file? ...

Must we release former employees' files?

03/01/2008
   

Q. I recently got a form in the mail, signed by a former employee, authorizing release of her personnel file to her attorney. Must I honor it? ...

Do we have to release employee files in response to a subpoena?

03/01/2008
   

Q. We recently received a subpoena to turn over an employee’s personnel file. The employee is a party to a lawsuit; the company is not. Do we have to comply? Should we tell the employee? ...

What goes into a personnel file?

03/01/2008
   

Q. What kinds of information and documents should we keep in our personnel files? ...

What to do with the 'Informal' personnel files our managers keep

03/01/2008
   

Q. In addition to the official personnel files we keep in HR, our supervisors keep informal or working files. Is this allowed? Does this practice present any concerns? ...

Document all employee record requests

03/01/2008
 

The Bullard-Plawecki Employee Right to Know Act gives employees the right to review their personnel records. The law requires employees to make written requests to look at the files before they seek legal redress. Keep a clear record of all requests ...

Employer responsibilities when subpoena demands personnel files

03/01/2008
 
Q. What should the employer do when an employee’s personnel file is subpoenaed? ...
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