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  Creating and Monitoring Business Systems
Personnel Management
 



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  Personnel management hinges on documentation. Your records should include individual personnel files and a written employee policy manual.

6 Things to Have in a Personnel File

There is no set definition of a personnel file. It can include almost anything an employer uses to make hiring, promotion, compensation, and termination decisions, including:

1. Application form and resume
2. Proof of U.S. citizenship or other proof that an individual is legally authorized to work in this country
3. Performance appraisals
4. Disciplinary records, but not complaints
5. Insurance information
6. Retirement information, if a plan provided by the company

TIP: Ask for copies of E&O and auto insurance carried by each salesperson and put it in the personnel file.

TIP: The Americans With Disabilities Act and the Family Medical Leave Act link to these in risk management module require that covered employers keep medical records in separate files.

TIP: For a ready-made policies and procedures manual, consider the Policies and Procedures Manual by Creative Learning Concepts, available from the Council of Real Estate Brokers.



What Not to Put in a Personnel File

Approximately half the states give employees—but not necessarily independent contractors—the right to see their own personnel file. For this reason, you may wish to omit certain confidential items from these files, such as:
  • Notes from supervisors on a worker’s performance, other than a formal performance evaluation
  • Complaints about the worker from other employees
  • Worker’s compensation claims
  • Background and credit check information

Adapted from “Personnel Files: Keep your policies updated, Robert L. Brady, HR Focus, February 1995

TIP: Regardless of a worker’s status—employee or independent contractor—it’s never a good idea to put anything in a personnel file that isn’t fact-based. Doing so might result in liability to the company.

TIP: Keep different categories of information separate from personnel records, advises HR professional William Schneider. You may want to maintain a separate file for background or investigative information, such as resumes and proof of citizenship.



How Long Can Protection Last?

To defend yourself in an employment lawsuit, you need to retain certain records:

For one year, keep:
· Records of promotions or demotions, transfers, layoffs, terminations
· Rate of pay
· Training
· Job advertisements, resumes, and any employment tests used
· Records of discrimination complaints

For two years, keep:
· Letters of recommendation
· Earnings records

For three years, keep:
· Payroll records
· Sale and purchase agreements
· I-9 Immigration Employment Eligibility Verification Form and related documents (three years from date of hire or one year from termination, whichever is later)

Adapted from “Don’t Let Documentation Hassles Get You All Tangled Up,” Susan G. Morrison, Texas REALTOR®, August 1995



Next Page: 10 Easy Steps to Creating an Office Records Policy