PERSONNEL FILES

Multistate employer: Can we centralize our I-9s?

05/20/2013

Q. We are headquartered in Oklahoma and have offices in another state that do their own hiring. Must I maintain a copy of I-9s at our headquarters from that other office? 

Employee documents: What to keep, what to toss

04/29/2013
Is the paper piling up in your office and in need of a big spring cleaning? Before managers start tossing documents in the circular file, they need to know which employee-related paperwork must be saved—and for how long.

In court? Turn over all relevant documents

04/15/2013
Here’s a warning for HR professionals who are reviewing personnel files for use in a lawsuit: Don’t even think about playing games with the judge by failing to hand over everything. For example, if you provide only negative information, chances are a judge won’t be pleased.

New case shows legal risks of 'papering' fired employee's file

04/15/2013
When preparing to terminate a worker, you want to be able to produce the most solid documentation to defend a potential lawsuit. Just make sure supervisors know to document employee performance and behavior at the time it occurs—not just before or after the employee leaves the building.

IRCA: Hiring Immigrants

02/24/2013

HR Law 101: Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and legal work status.

Big spike in I-9 audits: Are your records in order?

02/22/2013
The “bold new audit initiative” launched in 2009 by ICE has yielded a dramatic increase in employer audits, fines and arrests. With four more years left in the Obama administration, employers would be wise to make sure their I-9 forms are in compliance before the ­proverbial knock on the door.

What are California's rules on employee access to personnel records?

01/22/2013
Q. An employee has asked to see his records. How soon do we have to respond?

What rights do Pennsylvania employees have to inspect their personnel files?

12/03/2012
Q. What’s the law on letting employees review all their personnel files? Can we prevent it?

Start 2013 with a new system for your employee records

11/28/2012
The next time you start to slide a document about an em­­ployee into an overstuffed folder, ask yourself: Do I need to create a new file? Make a fresh start in 2013 by creating a new employee record-keeping system.

Plug in: Making the leap to electronic HR records

09/21/2012
Many employers are making the leap to “paperless” HR. Digital records are easy to access and cheap to archive. But despite the many benefits of electronic records storage, a host of legal problems could derail even the best-intentioned digital records plan. Here are the issues to consider before you make the transition.

Managing e-records: Guidelines for purging email

09/16/2012

Smart organizations educate employees about acceptable email use and follow a policy of regular computer-file purging to keep the company network free of unnecessary data storage. But what if your organization thinks it may be a lawsuit target? Should you keep purging email messages in accordance with your regular policy?

5 rules for documenting HR decision-making

08/25/2012
The best way to prevent lawsuits or to get a quick dismissal of unfounded charges is to document every employment decision carefully. Following these five simple rules can convince judges and juries that your HR decision-making is legit, above board and fully in line with the law.

What should we keep in personnel files?

08/23/2012
Q. Does Pennsylvania law specify what we should keep in personnel files?

Do former employees have the right to demand copies of their personnel files?

07/24/2012

Q. We recently fired an employee who worked in our office. Several weeks later, our HR department received a phone call from the man demanding a copy of his personnel file. Are we required to send him a copy?

Does an employee have a right to 'correct' a discipline report that's going into her file?

07/10/2012

Q. We recently disciplined an employee for repeated insubordination because of her attitude toward her supervisor. We wrote her up and placed a warning report in her file. Now she is protesting the accuracy of the report and demanding the chance to “correct” it. Can we force her to sign our disciplinary report as-is?

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