Teachers, administrators, or full-time employees of any public school may make a written request to inspect their own personnel files. Job application materials submitted by applicants, other than finalists, who have applied for employment by any public body, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records.
Finalist means any applicant who: reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; is an original applicant when the final pool of applicants numbers less than four; or is an original applicant and there are four or fewer original applicants.
Employees are allowed to inspect files containing information used by the employer to determine the employment qualifications of that employee, as well as any disciplinary action taken against the employee, including termination. Employers may not keep secret records of employment. The records to which employees have access do not include confidential reports from previous employers or investigative agencies, or information concerning an investigation, arrest, or a conviction of that employee for a violation of the law.
New Hampshire : Employers must provide employees a reasonable opportunity to inspect personnel files. Employers are not required to disclose information in the personnel file of a requesting employee who is the subject of an investigation at the time of request if disclosure of such information would prejudice law enforcement, or information relating to a government security investigation.
New York : Public employers only. A public officer is entitled to access records pertaining to that officer, provided reasonable proof of identity is presented. North Carolina : Employees and former employees have a right to access personnel records indicating their exposure to toxic materials or harmful physical agents.
Public employees are entitled to examine their own personnel files, except reference letters and certain medical information. The state has also enacted a law that imposes penalties for breaching the confidentiality of school employee personnel files. North Dakota : Public employers only. Employees may obtain records from the employer, a physician, a health care provider, or a laboratory with a written request.
Personnel records do not include: records relating to the conviction, arrest, or investigation of conduct constituting a violation of criminal laws; confidential reports from previous employers; or records maintained in compliance with the law dealing with access to personnel records from institutions of higher education.
Personnel records must be presented for inspection or provided to the employee certified copy within 45 days of request. However, employers and employees are allowed to agree to an extension of time for copying and inspection. Employees have access to files pertaining to qualifications for employment, promotion, additional compensation, termination, or disciplinary action.
Access to the following records is not required: records relating to the investigation of a possible criminal offense; letters of reference; documents being developed or prepared for use in civil, criminal, or grievance procedures; medical records; materials used by the employer to plan future operations; or information available to an employee under the Fair Credit Reporting Act. Access to personnel files does not apply to records relating to: the investigation of a possible criminal offense or records prepared for use in civil, criminal, or grievance proceedings; any letters of reference; recommendations; managerial records kept or used only by the employer; confidential reports from previous employers; and managerial planning records.
South Carolina : Employers must grant employees and former employees or their representatives access to records concerning the monitoring and measuring of employee exposure to potentially toxic materials or harmful physical agents.
South Dakota : Public employers only. Employment examinations and performance appraisals are excluded from records that are otherwise subject to inspection by the public. For a full list of payroll forms you may need or more general questions about payroll, take a look at our guide on employer payroll forms or our how to do payroll article.
While not required, these company documents such as signed policies are good to keep on file. These should show when the employee acknowledged or signed certain policy documents in case of legal issues:. Additionally, any written performance documents such as goal-setting records or disciplinary actions can be kept in a personnel file. You can use an all-in-one HR, benefits, payroll, and document management software like Rippling to help track documents and manage paid time off PTO and benefits.
These include the following:. You should complete the following for organizing and storing personnel records to ensure compliance and security:.
First, you need to take an inventory of what you already have for each employee. Be sure to take into account the documents that you already have and what you need from each employee. Use an employee personnel file checklist list to make sure everything is in order. Each person might require their own list.
It would also be best if you start auditing files periodically to make sure every piece of information is up-to-date and accurate. Ideally, you should create a personnel file for each employee on the date of hire.
However, if you forget to do so, you can find documents—like employee resumes, performance reviews, and tax forms—in your email or online storage. Make sure you also have I-9s for each employee as well, but they should be kept in a separate file. If there are documents on your list that you cannot find in your files, you can request these documents from your employees.
Give each employee their individual checklist to show what they need to submit to update their personnel file. Set a due date for all employee documents to be in and complete. Follow up with each employee you requested additional documents from before the deadline so that everyone has time to submit the missing documents.
Then, store your documents online, on your computer network, or in a locked file cabinet. We recommend that you keep employee personnel files in a locked cabinet to safeguard confidential employee information from unauthorized personnel. Access to employee files should be limited to an authorized individual or department whose permission is needed to view the files. Personnel files: A short guide that answers all your questions Personnel files are important documents for the HR Department and you have to be careful when working with them.
Why is it useful for your department? What documents should a personnel file include? The best way to organize personnel files How to store personnel files Should you allow employees to see their personnel files? Be aware of the personnel files problems. What is a personnel file? Why is a personnel file useful? What should a personnel file include? How do I prepare a personnel file? How are personnel files stored? Do the employees have access to their personnel files?
What problems can I have with the personnel files? All requests to view documents within those files should come through that person for approval. Or, the payroll rep may need to see a benefits enrollment form in order to process deductions properly.
None other than the designated HR rep or the business owner should otherwise have access to the entire file. Personnel files may seem outdated, but they are actually an important part of your business procedures to protect you from liability.
They are generally required for compliance such as if you were audited and considered a best practice. These are the better options for security and can ensure that your employee data and documents are up-to-date and stored properly. Visit Gusto. You must be logged in to post a comment. Skip to content. Equal Employment Opportunity EEO Information The EEOC provides a voluntary option for job candidates to self-identify their disability or veteran status maintaining records related to these documents is required if you have or more employees.
Take an inventory First, you will need to take an inventory of what you already have for each employee. Figure out what you are missing and from whom Use the employee file folder checklist listing what you want for each file, as it includes our list of forms from above.
Hold a meeting Hold a company-wide meeting and explain why you are creating personnel files. Give each employee a personal list of documents you need from them Give each employee their individual checklist showing what you are missing. Follow up and secure files within one week Set a due date of one week for all employee documents to be in and complete. Federal and State Laws Pertaining to Personnel Files Being compliant with federal and state law is an important aspect of being an employer.
If an employee was fired, their personnel records must be retained for one year from the date of termination. Additionally, employers must keep on file any employee benefit plan such as pension and insurance plans and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.
In addition, employers must keep all records for at least two years including pay rates, performance reviews, seniority and merit systems, and collective bargaining agreements that explain the basis for paying different wages to employees of all genders in the same establishment. Right to View States The following states allow employees to see some or all of the documents in their personnel folder; many states are quite specific about what exactly employees are allowed to view.
Alternatives to a Paper Personnel File Employment records have traditionally been maintained in manila-style folders in locked filing cabinets. Option Software Providers Advantages Disadvantages Payroll software Gusto Payroll software ensures compliance with mandatory personnel forms taxes, etc.
You may need to customize the onboarding process to have additional items included, like your handbook. You will have to remember to upload other forms like performance reviews. They also have features including recruitment, onboarding and performance management, housing all documents in one place.
These are bigger systems in general, and may take more time to implement because HR systems reach into many categories, from taxes to benefits to goal setting. You will have to remember to do everything yourself—or hire an HR person or consultant.
File management can take hours per employee per year. No extra cost. The same as above—you have to do everything yourself, with no guarantee that files are correct or accurate. This is also inexpensive, aside from printer ink, folders, and a locked cabinet. Sign and Store Files Online Most payroll providers, including Gusto , allow your employees to electronically sign and store files in a paperless system.
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