Personnel Files

Must we comply with subpoena for worker’s file?

06/23/2011

Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

State Attorney General seeks workers’ comp records for prison

06/10/2011

Attorney General Lisa Madison has ordered Central Management Services (CMS), the state agency that processes workers’ compensation payments, to turn over records relating to 230 claims from correctional officers at Menard State Prison. The claims cover repetitive stress injuries allegedly linked to the locking mechanisms on the cells at the prison.

Tap into new online portal for I-9 resources

06/09/2011

The U.S. Citizenship and Immigration Services last month unveiled I-9 Central, a new online resource center that pulls together all the agency’s information and advice about Form I-9, Employee Eligibility Verification.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Supreme Court upholds mandatory E-Verify in Arizona case

05/31/2011

The U.S. Supreme Court last week upheld an Arizona law that requires employers in that state to use the federal government’s E-Verify electronic employment eligibility verification system. Other states are already lining up to require their employers to use E-Verify, too, joining 11 states that already do. It’s time to learn how to use the government’s online tool.

HR spring cleaning: Employment document retention guidelines

05/31/2011

In the name of organization, HR professionals and managers alike have been known to accidentally discard a document, whether paper or electronic, that they shouldn’t have. In your quest to clean out overflowing file cabinets or e-mail inboxes, take your time and follow these guidelines.

New ADAAA regs now in effect! Get ready for more lawsuits

05/24/2011

The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law’s profound impact. With the final regs in place, expect courts to view them as the law of the land. They’re sure to be the critical factor in future ADA cases.

Can you ask applicants to ‘audition’ via voice-mail?

05/24/2011

It’s a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it’s an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?

Are we required to grant a former employee access to his personnel records?

05/20/2011

Q. One of our former employees has requested to see his personnel file. Are we required to allow him access to it?

Must we give drug policy to an ex-employee?

05/05/2011

Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?