There are many federal laws and state requirements, ranging from the Fair Labor Standards Act to Title VII of the Civil Rights Act, that require employers to retain employee records. In addition to maintaining employment files, accurate documentation will assist in addressing employment claims. In this introductory post, we will touch on some “high level” aspects of employee record keeping and documentation. In subsequent posts we will dig deeper into this important, but complex, topic.
Most employment documents are required to be maintained for up to two years, which include:
• Applications/resumes
• Pre-employment tests/reference checks
• Evaluations of interviews
• Ads for open positions
• Applicant or Employee files
There are additional documents that must be maintained for a longer period of time. Examples include:
• Payroll records, time cards, and union contracts – 4 years
• Workers’ compensation records, injury reports, OSHA documents – 5 years
• Employee benefits records, COBRA, ERISA documents – 6 years
Documentation
While recordkeeping prepares you for employment claims, accurate documentation is vital in demonstrating proof of actions. In order for documentation to work effectively, it must be detailed, focused on the facts and signed whenever appropriate. For example, performance appraisals, written warnings, or any type of formal job performance evaluation. These documents should be signed by both the supervisor and employees. Here are some specific items that must be included in your documentation:
• Name(s) of employee(s) involved in the event that warranted documentation.
• Date and time
• Type of violation/event observed
• Specific details
• Photocopy of any evidence- Evidence may include time cards documenting an individual’s attendance, failure to sign time card or the manipulation of a time card. Additionally, documents like a doctor’s note and requests for leaves may be evidence that proves useful to photocopy and retain.
There are common documentation errors that can prove costly to addressing an employment claim. These errors include:
• Documents not signed
• Illegible handwriting
• Overdue/late
• Inaccurate information
• Biased/unsupported opinions
In summary, record keeping and documentation are important when managing employees. Feel free to contact our Human Resources Outsourcing firm with any questions regarding your current record keeping or documentation policies.