Personnel File

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    Good documentation is important for many reasons. One of the most important is that when supervisors and managers generate even as much as handwritten notes, they're creating potential litigation exhibits that could have significant consequences down the road. Frankly, good documentation can mean the difference between winning and losing an...

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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail — likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    A new calendar year is upon us. You're probably still busy trying to complete many of your end-of-the-year/beginning-of-the- year HR tasks. For some of you, one of those tasks may involve conducting employees' annual performance evaluations. Your ability to conduct thorough and accurate performance evaluations is critical in running your business...
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    If you're at all like an estimated 88% of Americans, you've already fallen behind on your personal list of New Year's resolutions. We hope everyone is still diligently following through with their HR goals, but in case anyone out there has fallen off the "best employment practices" wagon, we want to focus on two resolutions — better...
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    For years, when an employer was sued, the parties quickly worked out a protective order that maintained the confidentiality of the documents exchanged during discovery (pretrial fact-finding). Often, the order required that the documents be returned to the employer's counsel at the end of the litigation. The federal courts in Florida now have...
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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail — likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    Employees in Montana have a reasonable expectation of privacy in their personnel files, including identifying information such as job titles and departments. The Montana Supreme Court emphasized those privacy interests while examining whether the city of Billings was required to disclose copies of internal personnel investigative documents to a...
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    Q Our company is planning a holiday party. Several employees on the planning committee voluntarily offered to serve food and oversee a game area. Will they be covered by workers' compensation if they are injured? A NH RSA 281-A:2 states that for an injury to be covered by the Workers' Compensation Law, it must arise out of and in the course of...
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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail— likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    Q Is a performance review confidential? Our CEO would like to share with the board of directors the last performance evaluation of a vice president who has been asked to leave the company. A Although performance evaluations or reviews may contain confidential information protected from disclosure by federal law, there's no law that declares such...
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