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Personnel File- Employee requesting info be put in
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Personnel File- Employee requesting info be put in
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We have an employee that forwards emails and text strings between themselves and their immediate supervisor (and sometimes co-workers) to HR requesting that the information be put in their own person
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Forums » Topic Forums » Legal Forum » Personnel File- Employee requesting info be put in
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Personnel File- Employee requesting info be put in
posted at 7/31/2012 4:44 PM EDT
on Workforce Management
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Posts: 3
First: 7/31/2012 Last: 10/18/2012 |
We have an employee that forwards emails and text strings between themselves and their immediate supervisor (and sometimes co-workers) to HR requesting that the information be put in their own personnel file. The requests never indicate that the employee wants to file a formal complaint or have an investigation started based on the contents, just simple statements “advising” HR of the unsettling (or in their interpretation “hostile”) communication tone/method that takes place. Two questions:1. Are we required to put this in the personnel file just because the employee requested it? (Private company in Texas) What is the harm in doing so or not doing so?2. Should HR investigate or further explore the potential “hostile environment” even if the employee requests that no action be taken? What is the liability if we don’t? (At first glance we don’t feel that there is truly a hostile environment, but rather a Manager that could be more professional and less abrasive. There are no remarks relating to gender, race, sexual content, etc.) |
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Re: Personnel File- Employee requesting info be put in
posted at 8/1/2012 12:23 PM EDT
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
You are not required to put information into a personnel file simply because the employee requests that such be added. Not only would that lead to record keeping chaos, but remember that an employee file would be subject to discovery in any legal proceeding. If you are made aware of a potential situation involving harassment or a hostile work environment, you should investigate it. Now is the time to do it and not when a complaint has been made to the EEOC. The employee, by his or her actions, has made you aware of it and part of your job is to protect the company from liability. In a case such as this, an investigation might be nothing more than meeting with the employee to discuss his or her issues. Keep notes of the discussion but not necessarily in the employee's personnel folder (I used to keep a folder titled OSOD in a desk drawer for things such as this and worse, OSOD standing for "Oh s---, oh dear". Keeping a folder such as this offers protection from discovery). |
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Re: Personnel File- Employee requesting info be put in
posted at 8/1/2012 12:56 PM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
agree with Nork....and here is the TWC information on personnel files: http://www.twc.state.tx.us/news/efte/personnel_files_details.html One quote " Texas law does not require an employer to allow an employee to access his or her personnel file (exception: public employees may request copies of their personnel file documents under the Public Information Act) - however, most companies allow supervised access and copying of contents at the employee's cost - a company should never place anything in a personnel file that it would be ashamed to show other people (such as 12 average jurors) - remember, anything in any file relating to an employee is discoverable in a claim or lawsuit filed by or on behalf of that employee!" however, I agree that the employee is putting HR on notice, so I would talk with the employee about why they are sending these to HR (what their expectations are) and then possibly have a sit down with the supervisor about it. |
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Re: Personnel File- Employee requesting info be put in
posted at 8/1/2012 1:37 PM EDT
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
That's easy. You tell the employee that, as a matter of company policy and practice, only certain documents and information are placed in employee files (hopefully, you've placed some limits on what goes into personnel files in the past or you've limited the file information to only certain documents). You might also take this opportunity to point out that if the matter is so important that the employee wants documentation in his/her file, it would certainly be important enough to discuss with you, the HR person. If this person declines to discuss this with you, document that he/she declined with date/time and any reason he/she might give you for refusing. This will be very important information should anything further develop out of this situation. |
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Re: Personnel File- Employee requesting info be put in
posted at 8/10/2012 10:47 AM EDT
on Workforce Management
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Posts: 1
First: 8/10/2012 Last: 8/10/2012 |
In Response to Re: Personnel File- Employee requesting info be put in: You are not required to put information into a personnel file simply because the employee requests that such be added. Not only would that lead to record keeping chaos, but remember that an employee file would be subject to discovery in any legal proceeding. If you are made aware of a potential situation involving harassment or a hostile work environment, you should investigate it. Now is the time to do it and not when a complaint has been made to the EEOC. The employee, by his or her actions, has made you aware of it and part of your job is to protect the company from liability. In a case such as this, an investigation might be nothing more than meeting with the employee to discuss his or her issues. Keep notes of the discussion but not necessarily in the employee's personnel folder (I used to keep a folder titled OSOD in a desk drawer for things such as this and worse, OSOD standing for "Oh s---, oh dear". Keeping a folder such as this offers protection from discovery). Posted by nork4 You may want to double-check whether or not your OSOD file is discoverable. If it relates to an investigation it may be discoverable whether or not it's in the employee file. |
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Re: Personnel File- Employee requesting info be put in
posted at 8/10/2012 6:04 PM EDT
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Personnel File- Employee requesting info be put in: Any suggestions on how to tell the employee that we will not follow through on the request to add documentation to their personnel file? Posted by TEXASHR I will assume when you say "how to tell the employee...." you mean what to tell the employee. Personnel files are company records not a public place to deposit materials. The company has specific rules on what can go into an employee file. The employee is free to maintain his/her own file. Regarding the file in the HR person's desk. It is an official company record and discoverable as noted by another poster. As a result many HR people send this material to their legal department so it is covered under lawyer/client priviledge. Suggest you talk to your General Counsel re this issue. |
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