file Archives - UELG https://www.california-labor-law-attorney.com/tag/file/ California Labor Law Attorney Fri, 21 Feb 2020 22:09:28 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg file Archives - UELG https://www.california-labor-law-attorney.com/tag/file/ 32 32 Employee Personnel Files https://www.california-labor-law-attorney.com/employee-personnel-files/ Mon, 27 Apr 2015 19:24:38 +0000 https://www.california-labor-laws-attorneys.com/?p=1037 Keeping employee personnel files well has a lot of benefits. You need to document the action of each employee in […]

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Man signing legal paperwork with gavel on the table

Keeping employee personnel files well has a lot of benefits. You need to document the action of each employee in your workplace. If there are promotions offered to certain employees, then you should have a well-documented evaluation process which made you provide such privileges to the employee. There are some employees who will let you down; they will be reluctant to work to your expectation. You will have to warn them from time to time. You will as well schedule disciplinary actions. If they will not improve, you may consider taking disciplinary actions such as laying them off. A well-kept employee personnel files will play a great role while trying to prove in court that a given employee deserves to be fired.
What is kept in Personnel Files
In the employee personnel files, you should keep record of when the employees started working in your organization and other related details. The following are details you can keep your employees’ personal files:
Job description for the position a given employee is holding
The application and resume for eh employee
Offer of the employment
IRS forms of the employee
Acknowledgment of employee handbook
Forms of employees benefit
Next of kin forms
Complaints from coworker or customers about the employee
Awards for outstanding performance
Records of completion of courses
Warning or any other disciplinary actions
Citations for excellent performance
Attendance of tardiness
Agreements with the employee and the organization
Document for departure from the company and reason why
Reviewing Personnel Files
You should set time aside and review each employee files. The files should be reviewed on an annual basis and ensure all details provided are up to date. Some of the questions you need to ask when reviewing the files include the following:
Check whether the file has all written evaluation of the employee
All promotions should be recorded
Remove all warnings after a given period if your policies state so
Update all details about the employee training
Have current information about the employee contract
What Not to Keep in a Personnel File
Medical records
You should not have medical records in your staff file. If the employee has some form of disability, then you will have to have a separate medical form which will be accessed by very few people in your organization. Even those who have no disability, you are required always to keep medical forms private.
Form I-9s
All employees in your firm should be legally legalized to work in the state. You should check the files and store them separate from your employees personal records. All unnecessary materials should not be kept in your employees personal files.


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Filing a Discrimination or Harassment Claim https://www.california-labor-law-attorney.com/filing-discrimination-harassment-claim/ Mon, 16 Apr 2007 22:08:57 +0000 https://www.california-labor-laws-attorneys.com/?p=1052 If you feel that you have been discriminated against by your employer, then you should immediately file a complaint with […]

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Gavel on table

If you feel that you have been discriminated against by your employer, then you should immediately file a complaint with Equal Employment Opportunity Commission ( EEOC). If you don’t want to reveal your identity, then another company can also file the complaint in your behalf.

Time: As per law, the complaint should be filed within 180 days from the date of the incident. However, you shouldn’t wait for that long. Gather all the evidence as quickly as possible. If you file the complaint early, then chances of success are also pretty high.

How to File: For filing the complaint, you have to get in touch with EEOC. The best option will be to directly visit their office and file the complaint in person. If that is not possible, you can mail them. You can also call their helpline numbers.

Information: While filing the complaint, you will be asked about your basic details like name and phone number. You may also be asked about the name of your employer and their address. You have to describe in details the complete incident and also the exact date of the incident.

After the complaint: After you have launched the complaint, the EEOC will look into the matter. If your case is serious, then they will try to resolve it immediately. During the investigation, they may visit your workplace and conduct several interviews. If they find out that you have been indeed discriminated against, then you can expect to be compensated. Compensation can be of various kinds. You may be promoted or you may get paid. However, if EEOC fails to solve your case, then you are eligible to sue your employer within the next 90 days. In that case, it will be better, if you hire an experienced lawyer who deals in such kinds of cases.

You should also keep the following things in mind:

1. Before filing the complaint, once go through the anti-discrimination policy of your organization. If your organization has an internal committee to deal with such kinds of cases, then file a complaint with them as well.

2. Throughout the investigation, cooperate with them as much as possible. Give them all the details which you have. It will improve your chances of winning the case.

3. Do not be scared to file the complaint. As per law, your employer can’t retaliate against you or create a negative work environment after the complaint has been filed.


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