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  • mvillagran
    started a topic Employee Records Texas

    Employee Records Texas

    I am new in this role and noticed that medical, dental, vision enrollments and drug testing are included in the employee file along with the normal I9, compensation, offer letter, payroll info.

    Should the medical information be in a seperate file? What paper work should be included in an employee file? Also do the employee records apply to small business or only large corporation?

    Thanks,

  • DAW
    replied
    There is not one big law saying what the employee personnel file should look at. There are a bunch of little laws, court decisions, best practice and a whole lot of personnel opinion on the subject. My opinion for whatever it is worth:
    - Keep the I-9s together in a separate file. The sole legal purpose of keeping the form is to give to the DHS auditor if/when they show up. No good purpose comes from allowing the auditor access to the main personnel file when not legally required. No good purpose comes from allowing anyone working for your company access to the I-9 form unless their job requires that access.
    - Not all medical information is legally confidential, but some of it is, especially ADA related. The key is that you never, ever want to give your supervisors/managers access to information that they legally cannot use to take job actions. By putting certain medical information into a separate medical file that the managers/supervisors have no access to, you just greatly improved your chances of defending yourself in court. Many companies do not trust their file clerks to pick out only that medical information which is legally confidential and instead just move ALL medical information into a separate file. Not legally required but also not legally harmful.
    - Direct deposits applications, W-4s (and other tax withholding forms) and wage withholding orders are all things that your supervisors/managers cannot legally use to take job actions. They are also forms that arguably payroll and only payroll needs access to. Many companies send these forms to payroll and keep them out of the main personnel file all together. Routine "stuff" like vacation requests should also probably be kept in payroll.
    - Past that, the purpose of a main personnel file is to support job actions taken (and not taken). Hires. Fires. Promotions. Raises. Reviews. Warning letters. Maybe ongoing training and education. The sort of stuff that you can safely let your supervisors/managers look at. Arguably there should be nothing in the main personnel file that the supervisors/managers cannot safely look at. Also, the converse should be true. Job actions should not be taken unless the documentation in the main personnel file support the job action.

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