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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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You know to keep employees' health records confidential and locked away. Yet some HR professionals and supervisors aren't so cautious when it comes to in-house talk of health information. Use the following court case to remind supervisors about the legal dangers of such gossip ...

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? ...

Q. We don't allow our employees to read or comment on their evaluations. Instead, we discuss the content with them one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we have to show them the actual evaluation or give them a copy?—D.J., Michigan

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction ...

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

When employees sue your organization, you must turn over any related documents—including old e-mail messages and computer records—during the discovery phase. But be aware that recent changes to the Federal Rules of Civil Procedure place an even greater burden on you to come clean with what information you have ...

The Pennsylvania Inspection of Employment Records Law guarantees employees the right to view their personnel files at work ...

Q. My boss is concerned about the increased penalties against employers who hire illegal aliens. He wants to be sure our procedures are in keeping with the best practices. One question I have: What do we do with the documents that new employees present to comply with the I-9 requirements? Should we keep copies of them? And, if so, where? —G.S.

While no federal or state law requires you to create and follow a progressive discipline policy, courts often come down hard on employers that promise progressive discipline but fail to deliver it ...

In the process of recruiting, hiring, firing and just running a business, employers accumulate a large amount of personal data from applicants, employees and business associates. Florida law requires employers to take reasonable steps to safeguard such personal data ...

When it’s time to decide on promotions, do you send employees’ personnel files over to a supervisor or hiring committee to help make the decisions? Make sure the files don’t contain references to past discrimination claims or investigations. Otherwise, you could be inviting a passed-over candidate to sue for retaliation ...

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says ...

The New Jersey Department of Labor & Workforce Development intends to enact new prevailing-wage rules for contractor employees or subcontractors who work on building services projects at properties owned or leased by the state ...

A star employee tells you his new depression medicine makes it impossible for him to get to work on time. Must you alter his schedule? ...

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating ...

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA ...

HR Law 101: None of your organization’s policies can compromise your employees’ right to privacy. You can’t obtain information about workers that’s not relevant to their job duties, and there are restrictions on what information about employees you’re allowed to disseminate ...

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