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Personnel Files

Just Say No to Rescinded Resignation


Q. We have an employee who submitted a dated, signed resignation letter but then changed her mind and wanted the letter back. She was not a good employee, but we let her rescind the letter because we thought we’d be on shaky legal ground. Could we have held her to it? —M.L., Ohio

Rehiring ex-addict? Get proof of rehab

Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in …

High court ruling forces longer retention of records

In another ruling last month, the Supreme Court said employees in some cases can file discrimination charges even if allegations fall outside the statute of limitations. Under Title VII, employees …

I-9 form: Feds give mixed message about which IDs you can accept

When filing Employment Eligibility Verification forms (I-9s) for new hires, you may be unknowingly accepting documents that no longer are allowed. Reason: The I-9 version that em-ployers are given and …

SSA sending more ‘no match’ letters; know how to respond

In light of Sept. 11, the Social Security Administration (SSA) has increased its efforts to find workers whose names don’t match their Social Security numbers. And their effort could require action …

References: Stick to Facts


Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee’s history with us? —R.F., Colorado

State Laws Govern Access to Personnel Files


Q. What’s the law on letting employees review all their personnel files? Can we prevent it? —J.S., Utah

FMLA recordkeeping hassles costing businesses big bucks

Complying with the information-collection requirements of the Family and Medical Leave Act (FMLA) costs large- and medium-size employers an average of $825,000 annually, says a recent survey by the Employment …

HIPAA health care privacy rules: They do apply to you

It’s a common misconception: Employers have been lulled into thinking that the strict privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) apply only to health care providers …

Banning Unsolicited Résumés


Q. Our company doesn’t want to consider unsolicited résumés as applicants. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. —H.D., Wisconsin