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PERSONNEL FILES

Lawyer's letter says don't destroy ex-worker's records—now what?

10/29/2008
  

Q. My department recently received a “litigation hold letter” from an attorney’s office. It instructed us not to delete or destroy any documents belonging to a former employee of ours. That employee has not worked here for nearly three years. As far as we can tell, she is not suing us—she left here on good terms. It appears that this litigation hold letter is tied to a case against another company. While we have a few documents related to this person’s employment, the significant majority of her personnel documents were destroyed through our normal record-retention process. Are we required to comply with this litigation hold letter even though we are not the target of a lawsuit? If so, what can we do about the documents already deleted?

Are there state laws on record-keeping?

10/21/2008
  

Q. My company owns a large manufacturing facility in Georgia. I’m familiar with federal requirements, but does Georgia provide for record-keeping requirements under state fair employment practice laws? ...

Good records make it easy to justify discipline

10/14/2008
 

The Boy Scout motto, “Be prepared,” applies to employers, too. You simply never know when—or why—a fired employee will sue. But you don’t have much to worry about if you have processes in place to make sure each and every disciplinary decision is fair and rational ...

Be ready to explain if HR files include photos

10/08/2008
 

Sometimes, it seems employees and their lawyers can take even the most innocent event or evidence and find a way to twist it into a discrimination case. That’s why it’s important for employers to have solid reasons for all decisions. You never know when someone is going to second-guess you ...

Must we comply with a former employee's request for thousands of e-mails?

10/06/2008
  

Q. A former employee wants copies of 18-months' worth of e-mails. That would be an enormous undertaking. Do we have to honor the request? ...

Strickland orders DPS to stop destroying records

10/03/2008
 

Gov. Ted Strickland has ordered the Ohio Department of Safety to stop destroying records about employee misconduct and discipline. The request came after the Columbus Dispatch sought records concerning the discipline of a state trooper ...

Lawsuit brewing? Think twice before destroying documents

09/26/2008
 

When discrimination charges go to court, both sides are entitled to copies of all relevant evidence. That includes memos, notes and e-mail (with some exceptions for confidential, trade secret or attorney-client privileged communications). Don’t think you’ll be able to avoid liability by getting rid of some documents ...

Must employers pay doctors to fill out FMLA forms?

09/18/2008
 

FMLA certification forms are pretty simple—until complications arise. What kind of complications? How about an invoice from an employee's doctor demanding that you pay the bill for filling out the form? Do employers have to pay? It depends.

Must we turn over personnel records that might compromise an investigation?

09/10/2008
  

Q. A former supervisor is the subject of an ongoing sexual harassment and retaliation investigation. He is asking to view his personnel records. The records contain the details of the retaliation complaint. Does he have the right to review his own personnel file? ...

What are the rules concerning third-Party access to employee personnel files?

09/10/2008
  
Q. I have heard that under Illinois law, our company must notify an employee if we receive a request from a third-party to review that employee’s personnel records. Is that true? ...

How long must we retain records?

09/05/2008
  
Q. How long should I keep employment-related records, such as wage information and personnel files? ...

Confused about recordkeeping? DOL unveils online aid

09/05/2008
 

The U.S. Department of Labor (DOL) last month debuted the FirstStep Recordkeeping, Reporting and Notices Advisor, an online tool that helps employers determine which federal laws, record-keeping requirements and poster rules apply to them ...

Ensuring the confidentiality of HR info

08/27/2008
  
Q. I’m the HR director of a 45-employee company and have one assistant. Due to the firm’s growth, I’m considering giving my assistant more responsibility. My concern: The assistant is very friendly with about 10 other employees, two of which are her roommates. What’s to stop her from divulging information to her friends? I have said nothing to her about my concerns yet. What can I express to her without overstepping her legal rights? ...

Could a court order force us to compromise our employees' privacy?

08/26/2008
  
Q. I heard that Google is being forced to hand over YouTube access logs to Viacom as evidence in a copyright suit. This seems like a major privacy issue. Our company provides free health information to our employees over the Internet. Our internal web site users have created employee profiles that include personal information such as their names and e-mail addresses. Could we be forced to hand over our user information if we ever became involved in litigation? ...

Prepare for possible changes in employment eligibility verification

08/22/2008
 
Stories of immigration raids and heavy fines are as close as the nearest newspaper. But at the street level, North Carolina employers know they may be caught in the crossfire as federal and state governments increase efforts to weed out illegal and undocumented workers. Although federal law primarily governs immigration issues, North Carolina and some other states are considering implementing employment verification requirements of their own ...
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