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Personnel Files

Must manager release notes on performance when employee requests personnel file?

05/13/2008
Q. One of our managers keeps notes of performance issues in a file that he uses for completing performance appraisals. One person he supervises has made a written request to see her personnel file—and specifically asked for information in the manager’s file. Do we have to give the notes to the employee? …

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? …

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? …

Payroll records: Timekeeping for exempt, nonexempt workers

04/01/2008
Federal wage-and-hour laws require you to have a reliable system to accurately keep track of employees’ hours and pay. Casual timekeeping systems can easily trigger a back-wage lawsuit. Here’s the bottom line on how to comply with the Fair Labor Standards Act’s complicated requirements.

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? …

Kansas Employers Take Note: New K-4 Withholding Form Required

03/24/2008
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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? …

Must we 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?