Kansas Department Personnel Files

Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.

Employee files should be stored in a secure location and be kept strictly confidential. Access should be restricted to those with a legitimate need to know or as required by law. Several categories of records must be maintained according to specific requirements.

In the state of California, every current employee, or his or her representative has the right to inspect and receive a copy of their personnel records, maintained by their employer.

Use a chronological organization system. To organize your personnel files chronologically, you'll create a separate file for each employee. Within that employee file, you will include all of the pertinent documents in chronological order.

Lawyers can also subpoena the contents of the personnel records for lawsuits and the Equal Employment Opportunity Commission (EEOC) complaints. A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members.

Current and former employees have a right to their personnel records under Labor Code section 1198.5. Under California Labor Code section 1198.5(a) provides that every current and former employee, or their representative, has the right to inspect and receive a copy of their personnel records.

The personnel file is the employees and the employers complete record of their relationship together. It contains a history from job application right the way through to the exit interview, termination of employment or even retirement. Needless to say, the personnel file is highly confidential.

EEOC Regulations require that employers keep all personnel or employment records for one year. Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years.

Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents. Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.