Personnel Files

Hacked! How to limit liability for employee data breaches

03/29/2012

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees’ Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

How often do you review and revise job descriptions?

03/06/2012

The need to hire someone new is the major impetus to revise job descriptions.

Tell bosses: Follow 3 cardinal rules to document discipline

02/02/2012

To be successful, employee feedback should be routine, not a once-a-year event. In the same way, managers should make documentation of employee performance, behavior and discipline a regular habit. But how managers document their observations can mean the difference between winning and losing, should an employee ever decide to take you to court.

Is there a way to ensure sensitive investigation records remain confidential?

02/02/2012

Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

Should we retain copies of I-9 documents?

01/12/2012

Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.). Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?

Start the new year with new system for employee records

12/08/2011

Make a fresh start in 2012 by creating a new employee record-keeping system. Whether you’re going to stick with paper files, create computer-based folders or go high-tech and store your records in the cloud, you need to create at least four separate sets of records for each employee:

Is it OK to use SSNs as ID numbers?

11/23/2011

Q. A few employees have complained that we use their Social Security numbers (SSNs) as their ID numbers. They’re concerned about identity theft. Is it legal to use Social Security numbers for ID purposes?

How to make the leap to electronic HR records

11/15/2011

Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.

Best reason to retain personnel documents: Employees–and courts–have long memories

09/28/2011

Would you know how to counter evidence about events that occurred two, three or more years ago? Employees often go back years to come up with circumstantial evidence that their employers are biased.

Sued for bias? Prepare to hand over personnel files

07/06/2011

Personnel records contain information that’s prime material in any employment discrimination lawsuit. An employee who alleges discrimination is entitled to see how she compares with other similarly situated employees, and can do that by reviewing relevant personnel files.