By Bob Brady, BLR Founder and CEO
At BLR's Illinois Employment Law Conference (October 1-3, 2008), Jonathan J.C. Grey, an attorney with the Chicago office of the employment law firm Seyfarth Shaw, said that some records should not be a part of an employee's personnel file due to privacy and other considerations. He presented a short summary explaining what records should be kept where, which is reprinted here:
Where Records Should Be Kept
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| Example of Record |
Personnel file |
Separate File |
Depends |
| Employment application |
Yes |
|
|
| Attendance Record |
Yes |
|
|
| Negative performance evaluations |
Yes |
|
|
| Disciplinary warning |
Yes |
|
|
| Investigative notes related to disciplinary warnings |
|
|
Yes |
| I-9 form |
|
Yes |
|
| Leave of Absence request |
|
|
Yes |
| Wage garnishment |
Yes |
|
|
| Note from Physicians excusing employee from work for two days |
|
Yes |
|
| Suspension |
Yes |
|
|
| Investigative notes related to suspension |
|
Yes |
|
| Letter from health insurance carrier regarding benefits paid |
|
|
Yes |
| Request for reasonable accommodation under the ADA |
|
Yes |
|
| Record of training employee regarding bloodborne pathogens pursuant to OSHA requirements |
|
Yes |
|
| Record of training regarding employer's non-harassment policy |
Yes |
|
|
| Handbook acknowledgment form |
Yes |
|
|