If employers’ personnel records are improperly filed, this can result in liability issues for the employer. It’s especially important to annually review your personnel files to ensure that they are filed correctly. Below you will find several different files for each employee and a review of each of them.
Personnel Files
Specific documents in a personnel file include, but are not limited to:
Resume, offer letter, job description, awards/certifications, non-compete/confidentiality agreements, emergency contact information, performance reviews, training records, documentation on disciplinary action, handbook disclaimer, compensation information, name/address/telephone number change, terminations/resignations and training records.
Medical/Confidential Files
This file contains all medical and confidential information. Specific documents in this file include, but are not limited to:
Physicals, drug results, background checks, documents relating to a criminal or other investigation of the employee, credit reports, photos of the employee including photo-copies of their driver’s license, employment application, insurance policy beneficiaries name (employment application and insurance policies usually have confidential information on them).
I-9 Files
This file contains employees’ I-9 form. You can keep these forms in two separate binders. One binder for active employees and one binder for terminated employees.
Payroll Files
This file contains W-4 forms, state withholding forms, garnishments, pay information, wage deduction acknowledgements and time-keeping records.
Hiring Records
This file contains job posting, job advertisement, resumes, employment applications, employment agency correspondence, candidate/interview evaluations, consensus meeting notes for each candidate who was interviewed, applicant flow log, reference checks, background checks, copies of accepted offer letter, candidate declined offer letters and copies of turndown letters.
Investigation/Complaint Records
This file consists of documents related to law suits, internal allegations and government agency allegations.
Personnel Files, Medical/Confidential Files, I-9 Files, Hiring Records, Payroll Files and Investigation/Complaint Records must be securely locked, and filed separately from each other.
Do you have a policy/procedure for reviewing your employees’ employment files to ensure you are in compliance with federal and state regulations? Email us today to set up a time to discuss HR solutions for your business.