Handle With Care: Employee Personnel Records!

Guest post by: Marijo McCarthy
Become an Author

Free PDF Download
What's An Opinion, Anyway? - By Marijo McCarthy

When a client begins a conversation with the words, "So I got a letter from the Attorney General's office," it is rarely cause for celebration. Knowing, however, that clients prefer calm responses and reassuring attitudes and, in all fairness, that even this unhappy circumstance may very well be addressed without litigation and penalties, I do my best to remain unruffled.

Here in the Commonwealth of Massachusetts, personnel records fall into the category of private business operations subject to Massachusetts law and enforcement of the Attorney General's Office. As such, a problem in this area can generate said letter.

That's the bad news. The good news is that the law itself spells out — in a fairly detailed fashion — what its requirements are.

Let us review then, what your employee personnel file must contain [if these documents exist], if you are an employer of 20 or more employees:

Name, address, date of birth, job title and description;

Salary or hourly wage rate and any other compensation [such as a bonus];

Starting employment date, job application, and resume [if one was submitted];

Employee performance evaluations, written warnings of substandard performance, lists of probationary periods, waivers signed by the employee, dated termination notices, and any other document relating to disciplinary action.

Let's also not forget that the law requires employers, within 5 business days of the written request of an employee, to provide a current or former employee with a copy of their personnel file. [You must retain an employee's personnel file for 3 years following departure from the company.]

As my client and I agreed, when he realized that he had exactly what he needed to produce in response to an official inquiry, careful maintenance of employee personnel records is well worth the effort!

Employee Handbook Essentials

Plain English Guide to Employee Handbooks

Privacy Concerns for Your Business

Thrilling Thursday - Business Planning Part 2 of 5

HR in the 21st Century

“Strategic Business Tips When Firing Someone From Your Strategic Thinking Business Coach”

What Makes a Successful Human Resource Department?

Employee Handbook Red Flags For Multi-State Employers

Improving User Experience Could Hasten Adoption of Online Digital Health Records

Navigating the Sea of Staffing Requirements

Protect Intellectual Property When Employees Leave

PEO's Help with Small Business Background Screening

Keeping Business Tax Records

Demonstrating Leadership when Handling a Disgruntled Employee

Employee Disciplinary Action - Steps You Can Take To Protect Yourself and Your Nonprofit Organization

Hiring Employees: Checking References To Insure Quality People

The Employee Review Process for Women Entrepreneurs

Where Do You Stand on Employment Background Checks?

Why customer service is the most important part of any business

Record Retention Guide for Small Business – What to Keep and What to Toss

Home > Legal > Marijo McCarthy > Handle With Care Employee Personnel Records > Google +

Free PDF Download
What's An Opinion, Anyway? - By Marijo McCarthy

About the Author: Marijo McCarthy

RSS for Marijo's articles - Visit Marijo's website
Marijo McCarthy is principal of Widett and McCarthy, a Boston-area law firm that helps small business owners grow their businesses with pragmatic legal advice, mentoring and a solid team of professional advisors.
Click here to visit Marijo's website.

More from Marijo McCarthy
Myths and Mysteries I Thought I Couldnt be Sued Personally if I Formed a Corporation
Handling Your Most Important Asset
On Your Six Boss
Not Every Employer or Employee Needs a NonCompete
There Are Deals To Be Done in 2009

Share this article. Fund someone's dream.

Share this post and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.

Handle With Care: Employee Personnel Records!

Related Articles

Related Forum Posts

Share this article. Fund someone's dream.


Name:
Email: