Personnel documents required file
First, you will need to take an inventory of what you already have for each employee. Dig through your old emails and see if you can find bits and pieces here and there, like employee resumes, performance reviews and tax forms.
Use our personnel file audit checklist above to keep track of what you already have on file for each employee. Even though not maintained in the personnel file, make sure you also have I-9s for each employee as well.
Use the employee file folder checklist listing what you want for each file, as it includes our list of forms from above. Then document what you already have and what you need from each employee. Each person might require their own list. You can customize the employee file folder checklist above for that purpose. Hold a company-wide meeting and explain why you are creating personnel files. Explain that it is best for the business to have solid employment documentation.
Give each employee their individual checklist showing what you are missing. If there is anything the employee does not want to give you, such as educational transcripts, you might put your guard up as perhaps there is something they may have fudged in order to get the job.
Set a due date of one week for all employee documents to be in and complete. If you give employees a longer deadline, they may forget. Then, store your documents either in the cloud, a payroll or HR software system like Gusto , or in secure file folders in a locked file cabinet. This is the easier situation of the two to be in. If you are reading this, you may have just hired your first employee. If you want to use payroll software like Gusto , HR software like Zoho People , or document storage like Dropbox , you can often create an onboarding checklist directly in the software and upload all paperwork into the electronic storage system for each employee to complete.
Being compliant with federal and state law is an important aspect of being an employer. Here are the best practices, as well as what is required by law, at the federal and state levels. Labor laws apply to all employers covered by federal anti-discrimination laws, which is typically any employer with 15 full-time employees or more.
You can find more on required documentation by reading our article on what records to keep and for how long. State laws on personnel files revolve around whether or not an employee has a right to look at their personnel file. Many states have a provision that allows employees to request copies of documents in their files. The other states have the potential for an employee to see their personnel file by filing a lawsuit.
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.
Others allow the employer to charge reasonable fees for document copies. For example, in Florida, employees may only view information related to exposure to toxic substances, and in Arizona, only payroll records can be viewed.
Public government employees are allowed to view their employment documents in most states. A good resource for state-by-state updates on these laws can be found on the HR Specialist. Employment records have traditionally been maintained in manila-style folders in locked filing cabinets.
Physical files can be stolen, misplaced or destroyed. SHRM also cautions that employers must give special consideration to where and how they maintain these files, limiting access to only those with a need to know and protecting applicants and employees from discrimination, identity theft, and breach of privacy.
Most payroll providers, including Gusto , allow your employees to electronically sign and store files in a paperless system. 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.
Documents can also be stored online with an encrypted service. Rippling provides secure online document storage, including copies of employee contracts, policies, and a copy of your employee handbook. This can be done when you conduct their annual evaluation. Ensure that the files are accurate, up-to-date, and complete. If not, you can ask the employee to provide you with the updated files or information. Your business should verify that files are in order before any audits such as payroll or labor.
Please note, personnel files can be viewed during a government audit or subpoenaed in the event of a wrongful termination lawsuit. Maintaining accurate, up-to-date files will help you avoid liability.
Follow our onboarding guide to learn how some of the personnel file documents will be used upon hire. Here are the best practices, as well as what is required, at the federal and state levels. Most, but not all, important job-related documents should go in the file, including:. You should establish a time to periodically review each employee's personnel file, perhaps when you conduct the employee's annual evaluation. During this review, consider whether the documents in the file are accurate, up to date, and complete.
Some questions to consider:. Your personnel files should not be a receptacle for every document, note, or thought about the employee. Here are some areas to be careful about:. Medical records. Do not put medical records into a personnel file. If your worker has a disability, you are legally required to keep all of the worker's medical records in a separate file -- and limit access to only a few people.
Even for workers who are not disabled, you may have a legal obligation to keep medical records private and it's a good idea to do so, in any case. Form I-9s. Do not put Form I-9s into your employees' personnel files.
Form I-9 is a form from U. You must complete an I-9 for all employees, verifying that you have checked to be sure that the employees are legally authorized to work in the United States. Measure content performance. Develop and improve products. List of Partners vendors. Human Resources Management Careers. Table of Contents Expand. Table of Contents. Access to the Employee Personnel File. Employee Personnel File Content. Contents of an Employee Personnel File. By Susan M. Learn about our editorial policies.
Will the employer need a particular document to justify decisions if the employer was sued? Would the employer need the document in a court of law?
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