Questions about personnel file laws...
What
should I keep in personnel files?
Who is
allowed to see an employee's personnel file?
Aren't
there special rules for keeping employee medical
records?
Do I
need an employee handbook?
How do
I avoid legal problems when giving employee evaluations?
How can
I discipline problem employees without getting
into legal trouble?
Answers to Personnel File Laws...
What
do Personnel File Laws say we should I keep in
personnel files?
Personnel file laws say you should keep
a personnel file for each of your employees, containing
every important job-related document, including
job applications, offer letters, employment contracts,
benefits and salary information, government forms,
performance evaluations and disciplinary actions.
Back
to top
Who
is allowed to see an employee's personnel file?
Personnel file laws indicate that, employees,
or former employees, have the right to inspect
at least certain documents from their own personnel
files. Typically, if your state allows employees
to see their files, you can be present for the
inspection, to make sure nothing is added, removed
or altered.
Generally, you should treat
personnel files as you would any other private
records. Limit access to those with a need, or
a legal right, to the information. A reasonable
personnel file law policy might allow access to
you, the employee, and the employee's supervisor
or manager, as necessary to make personnel decisions.
Back
to top
Aren't
there special rules for keeping employee medical
records?
Personnel file laws say Yes. There are
quite strict rules on the use of information obtained
through post-job offer medical examinations and
inquiries. These records must be kept separate
from other personnel records in their own locked
cabinet. Access to the records and the information
contained in them is also strictly limited.
Back
to top
Do
I need an employee handbook?
Personnel file laws say there is no law
requiring employers to have an employee handbook,
but it's a good idea. A handbook lets you inform
your employees about your workplace rules in an
efficient, uniform way. Your employees will know
what is expected of them and what they can expect
of you. And you will be able to prove that all
employees were aware of the rules if an employee
later decides to challenge you in court.
Back
to top
How
do I avoid legal problems when giving employee
evaluations?
With personnel file laws today it is
best to create an evaluation form for each job
category that focuses on the skills needed for
successful job performance. Focus on job duties,
not personality traits. Some generally appropriate
considerations are work quality, dependability,
punctuality and communication skills. Allow your
employees to see the form ahead of time, so they
will know the basis for their evaluations.
Be honest and consistent with
your employees. Try to maintain an overall positive
approach so your employees will be motivated to
improve, but don't sugarcoat the bad news. Give
your employees a real opportunity to improve by
giving them constructive criticism and performance
goals. And make sure to back up your evaluations
with real consequences: If an employee is far
exceeding expectations, consider giving a raise
or other recognition. If an employee is having
serious performance problems, discipline might
be in order.
Back
to top
How
can I discipline problem employees without getting
into legal trouble?
Personnel file laws suggest you first
need a clear written disciplinary policy. This
will let your employees know what to expect if
they fail to meet your performance standards.
But be careful not to limit your ability to fire
employees "at will" (for any reason
that is not illegal).
Next, personnel file laws
suggest you apply your policy fairly and consistently
to all employees. Avoid claims of discrimination
or favoritism by imposing similar discipline for
similar offenses. Make sure your employees get
the message: be honest and up front in your criticism,
listen to your employee's response, and try to
work together to resolve the problem.
Finally, personnel file laws
dictate that you should document everything. Whenever
you have to discipline an employee, take notes
and place them in the employee's personnel file.
If the employee later decides to file a lawsuit,
you will have proof that the employee was warned
of his performance problems and was unable to
improve.
Back
to top
Personnel
File Laws - Copyright 2002 Nolo, Inc.
|
