EMPLOYMENT LAW BULLETIN
Vol. 07, No. 7
Courtesy of ESKRIDGE LAW

Employee Personnel Files

Although it can be a tedious process, it is essential for Employers to properly maintain their employee personnel files. Employers should have all of the important documents relating to each employee in one place, easily available when it's time to make decisions on promotions or layoffs, to file tax returns, or to comply with government audits. And, if you have to fire a problem employee, careful documentation will protect you from legal danger.

What to keep in a personnel file: A personnel file is the historical body of an employee's information from the date of hire to the present. All important job-related documents should go in the file including:

  • Job description for position
  • Job application/resume
  • Pre-employment references
  • Letters of recommendations
  • Background check documents
  • Offer of employment
  • lRSformW-4
  • Signed acknowledgment of employee handbook
  • Performance evaluations
  • Forms relating to employee benefits
  • Forms relating to next of kin & emergency contacts
  • Complaints from customers & coworkers
  • Awards or citations for excellent performance
  • Records of attendance or completion of training programs
  • Outside complaints
  • Sexual harassment complaints
  • Warnings and/or other disciplinary actions
  • Notes on attendance or tardiness
  • Any contract, written agreement, receipt, or acknowledgment between the employee and the employer
  • Documents relating to the workers departure from the company
  • Form 1-9 (authorization to work in the U.S.)

What not to keep in a personnel file: Anything that is not directly related to the job should be kept in a separate and often confidential file where only a limited few have access. For example, medical records are required by law to be kept in a file separate, confidential file. Any documents regarding wage garnishments should also be kept in a separate, confidential file.

Things to keep in mind when creating a personnel file: Although an employee's personnel file should contain every other important job-related document, don't go overboard. Remember that in California, pursuant to Labor Code § 1198.5, employees have the right to view their personnel files. In the worst case scenario, that file may turn into evidence in a lawsuit brought by a disgruntled former employee. Therefore leave out entries that do not directly relate to an employee's job performance and qualifications like references to an employee's private life or political views. A good rule of thumb: Don't put anything in a personnel file that you would not want a jury to see. Above all else, don't forget to DOCUMENT EVERYTHING! Documents left out of personnel files can be just as damaging as those that are in the files.

If you do not have properly constructed personnel flies, or if you have personnel flies which are in disarray, you should hire an attorney or a human resources professional to assist you in properly constructing the flies.

ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.

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