Forums
Personnel Files Content?
Legal Forum
Personnel Files Content?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We currently are placing everything and anything in these files, except mediacl/psych records, also any disciplinary actions are kept separate. What we are looking for is some kind of suggestion on wh
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17502
Forums » Topic Forums » Legal Forum » Personnel Files Content?
|
Personnel Files Content?
posted at 8/8/1999 10:13 PM EDT
|
Posts: 3
First: 7/29/1999 Last: 8/8/1999 |
We currently are placing everything and anything in these files, except mediacl/psych records, also any disciplinary actions are kept separate. What we are looking for is some kind of suggestion on what items belong and which are not significant enough to be placed in the file. Assuming also no contractual issues with the employee, how would you reply to an employee who requests that a document be placed in their file and you do not feel its appropriate. Thanks
|
|
|
Personnel Files Content?
posted at 8/8/1999 11:27 PM EDT
|
|
Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Place in there anything on which you would make an employment decision, positive or negative. The file itself belongs to the employer, but, dependent on your state's regs, the employee may have access to it's contents, or copies therein. With that in mind, you should be prepared to share anything in there with your employee or an attorney, and be prepared to defend it. If you can't, it doesn't belong there, nor should it be the basis of an employment decision (hire, fire, promote, discipline, etc.).
I-9's should be in their own folder; medicals should be in their own folder. I'd suggest that you put your documentation on discipline in the personnel jacket, and any documentation, including notes, on which you based a decision to discipline. If the jacket is subpoena'd, you'll be hard pressed to explain why the supporting documentation isn't in there. Things aren't what they are - they're what they seem, so without the support, discipline, or promotions that may appear to disadvantage others, will appear arbitrary. If your employee wants to put something in the file, that's your decision, but I'd question why. If it's a rebuttal to a warning, or feedback on a review just received, or something pertaining to a document already in there, personally, I'd allow it, if for no other reason than fairness. |
|
|
Personnel Files Content?
posted at 8/9/1999 10:25 PM EDT
|
|
Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
I couldn't agree more with what Jim said. Especially any type of rebuttal in the name of fairness. If you do get taken to court for an issue contained therein, the perception of fairness can be weigh the decision in your favor should it be borderline. |
|
|
Personnel Files Content?
posted at 8/11/1999 7:42 PM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As discussed in response to your previous posting, subject to possible variations in state law, management has some discretion as to what to include in a personnel file, although certain kinds of documents (e.g. certain medical information) cannot be included.
Given an employee request to include an additional document in their personnel file, I would be concerned with consistency-- do you have a policy regarding the retention of this kind of document? Any policy should be consistently applied-- or changed if you think it can be improved. Thus, the question here is whether the document in question should be kept with the personnel file for all employees, or not? As the prior responses indicated, to the extent that basic fairness (or the perception of fairness to potential juries should a particular dispute go to trial) indicate that the employee's request be granted, you should factor that consideration into your decision. |
|
|
Personnel Files Content?
posted at 8/12/1999 4:05 PM EDT
|
|
Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
Geez, Jim, you left nothing for me to say! )
I will add, however, that I like to keep TRAINING documentation in a separate folder. That way, if a question arises as to the training the employee has undergone, I can access the information quickly without having to flip through the myriad of paperwork normally found in the "regular" employee folder. |
Forums » Topic Forums » Legal Forum » Personnel Files Content?
