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Personnel files
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Personnel files
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Prior to offering employment, we run a credit check, drivers license check for violations and a criminal history report. Where, if at all, should these be filed? I already have separate files for I-9'
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Forums » Topic Forums » Legal Forum » Personnel files
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Personnel files
posted at 6/20/1999 9:35 PM EDT
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Posts: 9
First: 6/9/1999 Last: 5/2/2001 |
Prior to offering employment, we run a credit check, drivers license check for violations and a criminal history report. Where, if at all, should these be filed? I already have separate files for I-9's and medical information but don't think this infor should be in the personnel file.
Jim Smith |
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Personnel files
posted at 6/20/1999 11:57 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
I'm going to offer a suggestion, and others are free to disagree with me, but I'd put them in the personnel file.
Thinking defensively, as a general rule, any document on which I base any employment decision, should be part of the personnel file, IMHO....if for no other reason, than to prove my decison was not arbitrary or based on a discriminatory practice and was administered equitably. If you're using those reports as a basis on which you make hiring decisions, there isn't a doubt in my mind that I'd keep them right along with the application and other pre-hire documents. |
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Personnel files
posted at 6/21/1999 7:09 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As we have written many times in this forum, unless you own stock in Staples or Office Max, there is no really good reason to keep more than the required number of files. Here's the recap: a personal file, a medical file (required by the ADA), all I-9's in a separate binder or file, and (if there is a lawsuit) a litigation file.
Why do we say put it in the personnel file? Well, if there is litigation, you cannot pretend you do not have it by saying it is kept someplace else. Furthermore, under some state laws providing that employees shall have access to the personnel file, the term is defined so broadly that it includes all the files we have been talking about. Finally, you cannot pretend you do not know the information by putting it someplace else. If you do not feel comfortable knowing the information, throw it away -- do not keep it! And if you do not want to know the answer to the question, do not ask the question! |
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Personnel files
posted at 6/22/1999 12:55 AM EDT
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Posts: 4
First: 6/22/1999 Last: 6/22/2001 |
I have a question--if a pre-hire drug screen test is given, and the result--pass/fail only is provided by the testing service, would you classify this as a form to be filed in the personnel file or the medical file? It's been awhile since I've been involved in this area of HR--I'm usually in the Benefits arena and my duties have now expanded. |
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