Monthly Archives: July 2010 (page 2)

What can an employer do if an employee refuses to attend required training? The subject is not covered in the union contract or the job description.

If the training is mandatory and scheduled by the employer it is considered part of the normal shift. The employee can be disciplined for not working the scheduled shift. If the training is a basic job requirement such as a…

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How can we influence an employee to stop exhibiting extreme hairstyles, shaggy hippie, shaved bald and Mohawk styles?

Two questions: What was his hairstyle when you hired him? What did/do you consider normal? You can implement a dress code as long as it is applied and enforced fairly and consistently. It is perfectly legal to discriminate between employees…

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Another question about file security. What are the regulations about storing HR files?

There are no federal and no known state rules regarding file storage. There are penalties and lawsuit consequences if confidential information is exposed to unauthorized persons. Best practice is an always-locked file cabinet in a private office that is locked…

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Are there any suggestions about how to organize a major project to convert personnel files to image and save them to our document repository for easy retrieval and maintenance?

This may be a good question for a database designer. The answer is very subjective. It is simplest to organize digital files like the paper files. Paper personnel files are organized by employee, with each employee’s information in a separate…

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What laws specify whether or not we can combine the medical files, I-9s and personnel files for terminated employees?

It is best practice to keep all these items separate. ADA regulations do not make a distinction between current and former employees when confidential medical files are concerned. There is no specific law requiring I-9s be separate from personnel files…

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What information must be kept in past employee personnel files? For ex-employees can we merge I-9s and medical files?

As recordkeeping is concerned, past employees’ records must be treated the same as current employees’ records. Merging information into one file is not allowed. Under ADA regulations medical records must be kept in a separate confidential file. I-9 forms and…

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Can a company prohibit all terminated employees from being on company property, even as a patron?

This is legal and is a common practice among many employers. Hotels, restaurants and bars often prohibit ex-employees on the property for any reason. Much of today’s workplace violence is committed by ex-employees so taking steps to keep these people…

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What are the legal and ethical implications when an employee decides to take medical charts and faxed lab reports home to catch up on filing over the weekend?

Allowing this practice can expose your organization to a huge liability. Personal medical records could be seen by unauthorized persons while the records are in the possession of the employee away from the office. In the office environment confidentiality is…

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