Missouri Personnel File Inspection Requirements for Companies

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This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

What to Keep in a Personnel Filejob description for the position.job application and/or resume.offer of employment.IRS Form W-4 (the Employee's Withholding Allowance Certificate)receipt or signed acknowledgment of employee handbook.performance evaluations.forms relating to employee benefits.More items...

The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.

As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.

Medical. The Americans with Disabilities Act (ADA) requires that employee medical records be maintained confidentially and separate from an employee's general personnel file.

If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.

An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.

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.

Do I have the right to see my personnel file? In Missouri, personnel files are considered property of your employer, and your employer is not required to allow you to see what is in your personnel file or give you copies of your personnel records.

Labor Code Section 432 requires employers to give employees or applicants, on request, a copy of anything the employee may have signed regarding the job. Section 226(b) requires them to allow both current and former employees to inspect or copy their own payroll records.

Medical information and records obtained as part of the interactive process must be maintained separate from the employee's personnel file and kept confidential. 2 CCR § 11069(g) Employers must keep information obtained regarding the medical or physical conditions or history of the employee confidential.

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Missouri Personnel File Inspection Requirements for Companies