Terminated employees who are disgruntled always ask for a copy of their personnel file. Plaintiff's lawyers will direct their clients to get the file as a starting point for wrongful termination claims. What do you do if you are asked for the personnel file? What should be in it?
First, as the employer, you are not required to create records to keep in a personnel file. But, if you do have certain records, you have to maintain them. The records you are required to keep include applications, pay related documents, disciplinary actions, and performance reviews.
If you are asked by an employee for his file, you have to produce the file for inspection and copying. Practically speaking though, you'll prefer to copy the file and provide it to the ex-employee. I do not recommend permitting a disgruntled, terminated employee onto the job site.
Start from here and accumulate your personnel files. Do note that electronic retention is permitted so long as the records can be produced. Any questions? Give me a call and let's work through it.
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