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They may not be as exciting as the X-Files, but employeepersonnel files deserve some serious attention. Properly maintainedfiles can protect you in the event of litigation; give you guidancein making promotion, compensation and other management decisions;and, in general, help you run a more efficient organization. Incontrast, careless record-keeping can get you in trouble in thesesame situations.
So what should be kept in an employee's personnel file?Laura M. Smith, an attorney with Wessels & Pautsch PC in St.Charles, Illinois, suggests keeping the following documents in eachemployee's general file:
- employment application
- pre-employment nonmedical testing materials
- performance evaluations
- records of payroll changes
- records of promotions and demotions
- attendance record
- records of disciplinary actions
To protect employees' privacy, medical information must bemaintained in a separate, confidential file. Smith says access tothese files should be restricted to supervisors and managers whoneed to be informed of work-related restrictions or the need fordisability accommodations, medical and safety personnel who needaccess in appropriate circumstances, government agenciesinvestigating charges of disability discrimination, and stateagencies or insurance companies investigating claims forworkers' compensation benefits.
Because personnel files contain information that can have atremendous impact on an individual's future, both with yourcompany and elsewhere, most states have enacted legislation thatgives employees the right to review the contents of their files.Although you may place some restrictions on this process, it'sa good idea to check with an employment-law attorney to make sureyou aren't violating any laws in doing so. Also, beforeproviding any information from a personnel file to a third party,have the employee sign a release stating that no legal action willbe taken against you or your company for releasing thedocuments.
Contact Sources
Wessel & Pautsch PC, (630) 377-1554, http://www.w-p.com
