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Records Retention

You need record retention guidelines – from organizing personnel files and electronic records retention policies to control document management and more.

Business Management Daily provides personnel records retention guidelines, helping you to improve your hard-copy and electronic record retention.

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Q. We recently received a subpoena to produce the contents of an employee's personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena? —K.H., District of Columbia

New federal court rules for electronic-records maintenance and discovery took effect on Dec. 1, 2006. The rules govern discovery of electronically stored information in federal civil litigation ...

Q. I keep on file each employee's application, résumé, performance evaluations and any other praise or disciplinary records. Do I need to provide my employees with access to their files? And, if so, do I have to show them everything? —S.K., New Hampshire

Gov. Rick Perry recently issued an executive order creating the Texas Health Care System Integrity Authority, a new public-private partnership that aims for better use of information technology in the health care industry ...

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises ...

Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the ex-employee's personnel file. That person has now hired an attorney and asked to see the file. We feel that we have no obligation to respond. Do we have to turn it over without a subpoena? —E. I.  

Q. Congress just gave employers the OK to maintain I-9 records electronically. I do payroll for a church. How can we make the switch from paper to electronic? —D.K., Arkansas

Q. We’re cleaning up our personnel files and updating emergency contact information. Some employees don’t want to provide their contact information. Is it legal for us to require them to give it to us? —S.S., California

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions ... and more?

HR Law 101: Nowadays, most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons ...

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