Personnel Files

10 steps to stress-free, lawsuit-free termination meetings

06/05/2009

Terminations are the hardest things HR professionals and supervisors have to do—and probably the most legally dangerous. One wrong word can trigger a lawsuit. To handle terminations well, you need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process.

How long should we retain employee files?

05/27/2009

Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information?

What are the rules on letting a former employee see her personnel file?

05/27/2009

Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.

Use your solid records to counter employee’s claim of discriminatory treatment

05/06/2009

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

Can you provide a summary of the new Form I-9?

05/06/2009

Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

What are the rules on employee access to personnel files?

05/04/2009

Q. Do I have to grant employees access to their personnel files?

The 10 Employment Laws Every Manager Should Know

04/28/2009

Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Avoid ADA ‘regarded-as’ problems: Don’t mark ‘disabled’ on files

04/22/2009

Employers that “regard” people as disabled and then discriminate by firing them or refusing to hire them in the first place will face lawsuits—even if it turns out those applicants and employees aren’t actually disabled. That’s a key part of the ADA.

When an employee gets married, do we need new forms?

04/22/2009

Q. When employees get married, do we need new W-4s to show the new name? And do we need new I-9s?

Assessing witness credibility in workplace investigations

04/14/2009

During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.