December 2008
Personnel Files
So What Should An Employer Keep In A Personnel File?
On the date of hire, create a personnel file and put all important job-related documents in the file, including:
• Job description for the position
• Job application and/or resume
• Offer of employment
• IRS Form W-4 (The Employee's Withholding Allowance Certificate)
• Receipt or Signed Acknowledgement of the Employee Handbook
• Performance Evaluations
• Forms related to employee benefits
• Forms providing next of kin and emergency contacts
• Complaints from customers and/or co-workers
• Awards or citations for excellent performance
• Record of attendance or completion of training programs
• Warnings and/or other disciplinary actions
• Notes on attendance or tardiness
• Any contract, written agreement, receipt, or acknowledgment between the employee and the employer (non-competes, employment contracts, company car agreements)
• Documents relating to the worker's departure from the company (such as reasons why the worker left or was fired, unemployment documents, insurance continuation forms, and so on).
DO NOT KEEP THE FOLLOWING DOCUMENTS:
• Medical records – This information goes into a secured file with limited access
• Form I-9's – Many companies keep I-9's in a separate file because they don't want government auditors having access to the other contents of the personnel file.
• Unnecessary material – Remember in many states, employees have a right to review their personnel file. Keep unnecessary material out of the file.
• Lawsuit evidence – Personnel files can become evidence in a court trial. Don't put anything in the file that you would not want a jury to see.
