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Personnel Files

What are the rules on letting a former employee see her personnel file?


Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.

Use your solid records to counter employee’s claim of discriminatory treatment


The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

Can you provide a summary of the new Form I-9?


Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

What are the rules on employee access to personnel files?


Q. Do I have to grant employees access to their personnel files?

The 10 Employment Laws Every Manager Should Know

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Avoid ADA ‘regarded-as’ problems: Don’t mark ‘disabled’ on files


Employers that “regard” people as disabled and then discriminate by firing them or refusing to hire them in the first place will face lawsuits—even if it turns out those applicants and employees aren’t actually disabled. That’s a key part of the ADA.

When an employee gets married, do we need new forms?


Q. When employees get married, do we need new W-4s to show the new name? And do we need new I-9s?

Assessing witness credibility in workplace investigations


During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Managing employee privacy: 6 steps to protect employer rights


For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.

How to write the perfect rejection letter


Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.