You can store all employee documents in an online database and collect electronic signatures with ease. The files are stored on a secure server and are accessible even after the employee leaves the company.
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Learn More. Before you dive in, please download the free employee file folder checklist and personnel file audit checklist below so you can follow along: Download employee file folder checklist as a DOC or PDF file Download personnel file audit checklist as an XLS or PDF file Legally Required Documents to Keep in Personnel Files There are eight employee-related HR documents that every personnel file must contain, which include legal employment records—such as payroll tax forms and employee-employer agreements.
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Was this article helpful? Yes No. Feedback Yes No. Human Resources. She has decades of experience writing about human resources. Employers should never place particular items in your general personnel records.
In others, access is limited to HR staff and employees can request access to their records. A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members. You need to keep personnel files under lock and key in a storage area that makes them inaccessible to other employees.
The manager's or Human Resources staff opinions; random notes; gossip; unfounded rumors ; questions, reports, or tattletale allegations from other employees that are unexplored; allegations not pursued, investigated, and concluded ; and any other non-factual information, commentary, or notes should be excluded from an employee's personnel file.
In another company, the manager found unsubstantiated notes that managers and others had placed in the employee's files such as, "Mary's angry because she didn't get a raise.
She slowed her work down purposefully to get even with her manager. Determine a protocol for your company personnel records based on state and federal laws , employment laws such as the Health Insurance Portability and Accountability Act of HIPAA , and employer best practices.
Then, stick with the protocol. You also don't want the records of a hiring decision that involves background checks or notes from discussions with former employers in the personnel file. Any person who has access and can place documents in an employee personnel file needs training to appropriately write the documentation.
But, untrained supervisors have been known to write similar statements and place them in employee personnel files. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Is it related to the employee's performance, knowledge, skills, abilities or behavior? If so, then the document should be included in the employee's general personnel file.
Medical records must be maintained separate from the personnel file. The Americans with Disabilities Act ADA prohibits employers from including medical information in an employee's general personnel file. Employers should create a separate file for employee medical information that includes records related to medical leave, reasonable accommodations, workers' compensation claims, etc.
Employers who are required to invite applicants and employees to self-identify as an individual with a disability under Section of the Rehabilitation Act must maintain these self-identification forms separate from all other records, including other medical records.
There are also records that should not be accessible to managers and supervisors due to the sensitive nature of the information. These include documents that contain information such as date of birth, marital status, dependent information, Social Security number, immigration status, national origin, race, gender, religion, sexual orientation and criminal history. It is common for employers to have a "confidential" or "other" file that contains these records.
You may be trying to access this site from a secured browser on the server. Information that should not be in a personnel file can instead be retained in a medical file, a payroll file, an I-9 file, an investigation file, or another confidential file.
Alternatively, some documents should not be kept at all by an employer. When in doubt, consult with the HR department and with counsel. Contact us to schedule a consultation or call now to speak with an attorney
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