In some circumstances, personnel files can become evidence in a lawsuit brought against your company by an unhappy former employee or employees. As a result, you should always ensure that certain documents are maintained and updated in your employees’ personnel files in order to protect yourself. For example, personnel files should always contain periodic employee evaluations, notices of raises, employee commendations, and any evidence of any disciplinary proceedings that were taken against the employee. You should never keep documents or entries that do not relate to the employee’s job performance or qualifications. Many employers have gotten into trouble for keeping documents or notes that relate to an employee’s political views, private life, or unsubstantiated criticisms about an employee’s race, gender, or religion. Include Everything Relating to Employee Performance in the Personnel FilesOne good practice to get in the habit of is to periodically inspect and clean out all of your employee personnel files. You should set a time to do this at least once a year, perhaps at the same time you are conducting employee performance reviews. When you go through the personnel files, you should be looking to take out any documents that are not necessary. Here are some questions to keep in mind when performing this task: You should keep these questions in mind when going through your personnel files. Updating and cleaning out personnel files is much like keeping a computer running smoothly by periodically removing unnecessary files — it is a chore, but it must be done. Other Items to Keep in Your Personnel FilesYou should always remember that employee personnel files are very important to your company. As such, most, but not all, documents relating to employment should be kept in your employees’ personnel files, including: It is always a good practice to start an employee personnel file for each employee at the time you hire him or her. What You Should Not Keep in Your Personnel FilesThere are some items that you should not keep in your personnel files, either for reasons relating to potential lawsuits, or because of state or federal laws. Here are some items that you should be careful with: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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