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Personnel Files

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

Go After ‘In-House Hackers’ Using State and Federal Law

10/01/2006

The so-called paperless society ushered in by the computer age may mean fewer file cabinets and storage rooms full of paper records, but storing company records on hard drives has its own set of problems …

Drafting new I-9s after merger isn’t required

10/01/2006

Q. Our company merged with another company. Are we required to complete a new I-9 form for each employee who worked for the other company, or are these employees "grandfathered" in? —J.M.

Bias complaints can be ‘Filed’ after 180 days

09/01/2006

If you’re like most employers, you breathe a little easier when 180 days have passed since you discharged an employee. You know that’s how long fired workers have to file a complaint with either the EEOC or the Texas Workforce Commission if they are bringing a claim under the Texas Labor Code …

5 tricky issues in accommodating mental disabilities

09/01/2006

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions … and more?

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …

Handling ‘No-Match’ letters: Heed new DHS guidance

08/01/2006

Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires within three days of the date of employment. Both employer and employee must sign an I-9 form that lists the identifying documents the employee presented to verify his or her eligibility. The law is now enforced by the Department of Homeland Security (DHS) …

Consider access to personnel file even if not required

08/01/2006

Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the ex-employee’s personnel file. That person has now hired an attorney and asked to see the file. We feel that we have no obligation to respond. Do we have to turn it over without a subpoena? —E. I.  

Lessons from the 2006 SHRM conference: Metrics: Track each employee’s ‘Baseball card’ statistics

08/01/2006

On the back of each baseball card are the vital statistics that immediately tell you the player’s proficiency in various skills: hitting, fielding, etc. It would be great to have such cards on each of your employees. And, in a sense, you can, says Gary Giles, president of analytics provider ClarityMatters, which was recently acquired by Kronos …

Silence talk of employee health info; loose lips sink HR

07/01/2006

You know to keep employees’ health records confidential and locked away. Yet some HR professionals and supervisors aren’t so cautious when it comes to in-house talk of health information. Use the following court case to remind supervisors about the legal dangers of such gossip …