Personnel Files

Assignment
This assignment focuses on personnel files and privacy issues related to the employment relationship. Conduct your own search of the many resources available to prepare answers to the questions listed below. Please be succinct in answering the questions so that your overall assignment does not exceed 3-4 pages. You may approach this assignment by restating the question and then following each with your response in paragraph form.

A. PERSONNEL FILES

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Are employers required by law to retain or keep personnel files?
How long should personnel files be kept or retained following the end of an employee’s employment?
What laws might be pertinent to personnel files, and what application and/or impact does each have that are applicable to both the employer and the employee?
Are there differences in the application of these laws with public employers and private employers? If so, what are the differences?
What items are typically included in employee personnel files?
Who “owns” employee personnel files?
Can employees and/or former employees have access to their personnel files?
Are employees and/or former employees entitled to copies of the documents in personnel files?
Are employees allowed to either contest, correct, and/or request the removal of information in their files that they deem erroneous?
Are employees allowed to maintain employee related information/files that are not a part of a general personnel file? If so, what types of information/files are deemed best to be kept separately?
B. EMPLOYEE PRIVACY

What is “invasion of privacy” as this term relates to the employee and employer relationship?
Do employees have a right to privacy while in a working environment? If so, give examples.
What laws might be pertinent to employee privacy?
Are there differences in the application of these laws with public employers and private employers? If so, what are the differences?
How do employee drug tests relate to employee privacy?
How do searches (desks, computers, lockers, personal belongings, etc.) relate to employee privacy?

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