North Dakota Personnel File Inspection Requirements for Companies

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US-447EM
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Description

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

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FAQ

Here are some key steps to help you organize employees' personnel files in your organization:Determine which documents to store.Choose a filing method.Format your documents.Learn who can access the files.Create a file retention policy.Update the files as needed.

Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.

Examples of these are letters, emails, diaries, photographs and daily planners. Personal records also include things like student identification cards and drivers' licenses. Dance cards, in which people kept a record of their dance partners at various social events, could be considered a type of personal record.

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.

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.

The purpose of keeping an employee personnel file is twofold: to document what your company needs for its own purposes and to keep documentation as required by law.

Definition Employee Personnel Files are defined to include the application for employment, and records which are used or have been used to determine an employee's qualifications for promotion, compensation, termination, or disciplinary action.

A personnel file is an employers' saved documentation of the history and status of the entire employment relationship with an individual employee. The employer maintains this employment documentation in a personnel file for three reasons.

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.

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.

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North Dakota Personnel File Inspection Requirements for Companies