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Employee personnel files — what should and shouldn’t be included

BMT Office Administration

Agreements related to the use of a company car or business credit card. For instance, employers cannot include medical information in an employee’s general personnel file due to the Americans with Disabilities Act (ADA). Medical leave of absence requests. Family and Medical Leave Act paperwork. Doctor’s notes.

Filing 121
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Employee Files: What to include, what to leave out, and what’s confidential

BMT Office Administration

For instance, if your employment records contain all the disciplinary actions and policy violations committed by the offending employee, you’ll have a better chance of defending your decision to terminate an employee in court. Also, you’re legally obligated to retain these records for at least one year by the EEOC.

Filing 52