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Personnel Files

Deciding on promotion? Purge file of prior litigious actions

03/01/2007

When it’s time to decide on promotions, do you send employees’ personnel files over to a supervisor or hiring committee to help make the decisions? Make sure the files don’t contain references to past discrimination claims or investigations. Otherwise, you could be inviting a passed-over candidate to sue for retaliation …

TV station employee returns stolen documents … in shreds!

03/01/2007

You may remember reading about the Pittsburgh TV station employee who allegedly swiped e-mail and documents left on employees’ desks as evidence for a discrimination lawsuit …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

Keep references to past litigation out of employees’ personnel files

03/01/2007

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says …

FMLA: Recordkeeping Requirements

02/11/2007

HR Law 101: The FMLA’s recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA …

References, Background Checks

02/01/2007

HR Law 101: Make it your policy never to hire a candidate without a reference/background check. Your organization could be held liable for “negligent hiring” or “failure to warn” should the employee turn violent on the job. If the employee’s past history would have revealed a problem but you didn’t spot it because you didn’t check, the courts will say you “should have known.” Your firm not only might have to pay damages but also would suffer a loss of reputation …    
 

 

‘My lawyer will be in contact’: Enough notice to preserve records

02/01/2007

A New Jersey appellate court recently granted a new trial to a former Paine Webber employee who claimed the company fired her for filing a sexual harassment complaint. During trial, the employee claimed Paine Webber withheld or destroyed critical documents …

When (and how) can Pa. employees peek in their personnel files?

02/01/2007

The Pennsylvania Inspection of Employment Records Law guarantees employees the right to view their personnel files at work …

Should we keep copies of I-9 documentation?

02/01/2007

Q. My boss is concerned about the increased penalties against employers who hire illegal aliens. He wants to be sure our procedures are in keeping with the best practices. One question I have: What do we do with the documents that new employees present to comply with the I-9 requirements? Should we keep copies of them? And, if so, where? —G.S.

How to Write Effective and Legal Job Descriptions

01/19/2007
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