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.
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.
Q. You recently said that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK? —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?
Q. Our employment application states, “This application will remain active for six months.” Is this time frame advisable? How long should applications remain active? And how long should I keep completed applications? —K.S., Minnesota
Q. I've just joined a new company, and our HR people give out employees' information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia
If an employee is suffering from performance problems and wants a transfer to another supervisor or position, be careful which details in the person’s history you share with the new manager. That’s especially true if the employee has a history of filing legal complaints ...
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 ...
HR Law 101: The FMLA's recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA ...
The Texas workers’ compensation system is designed to replace the wages of employees who miss work due to on-the-job injuries. The system works as a no-fault guarantee. Employees who can show they were injured while working are entitled to a portion of their earnings and paid medical care for those injuries. They needn’t prove their employer was negligent. In exchange, injured employees can’t sue employers for negligence ...
No specific Texas law allows private-sector employees access to their workplace personnel files, but the Texas Public Information Act does provide that right to public employees ...
