What Not To Keep in an Employee File
An employer should not include too much information in an employee file because, as strange as it seems, that information can be used against the employer in a lawsuit. Additionally, some states allow employees to view their employee file at any time.
Files not to keep in an employee file:
- Employee’s medical records
- For example, if an employee is considered disabled, it is best to keep this information in a separate file where no one in the company has access to the information, except the human resource manager
- This information is also strictly confidential and its access should be very limited
- Form I-9
- Should be kept in a separate file for each employee pursuant to the U.S. Citizenship and Immigration Services (USCIS)
- It verifies eligibility of an employee to work in the United States
- Non-related employee documents
- Documents relating to an employee’s private life, race, religion, political affiliation, sex, etc.
- These types of documents could be used against an employer in a discrimination claim or lawsuit
Next, we’ll wrap up this article with some of the main considerations to keep in mind.