Employer’s Tips for Personnel Files

Personnel files need to be kept by employers in order to provide a written history of everything that has happened with an employee for their entire employment. These records are used to support promotions, pay raises, and disciplinary action.

Employers can choose to set up their employee files differently but at the very least they need a personnel file, a confidential file, and a medical file. These three files need to be kept separate from each other throughout the course of employment.

Having these files separate is important if you get a request from a plaintiff’s attorney. You want to give them the correct information but not more information than needed. If a workplace investigation is performed, all that information needs to be kept in its own separate file in order to preserve attorney-client privilege and to keep private information confidential.

Our HR Team

Ashley Emerzian, Esq.

Ms. Emerzian seeks to learn about her business client’s objectives and aligns transactional and advisory legal services with desired results. She regularly advises such clients regarding compliance with state and federal employment laws and consults regarding business and employment contracts, and policies and procedures.

Inna Shankar, Esq.

Ms. Shankar has substantial experience advising on California and federal employment laws, including employee classifications, independent contractor analysis, discrimination, harassment, and wage and hour.

Brittany Contreras, Esq., SHRM-CP

For the firm’s private and non-profit sector clients, Ms. Contreras provides transactional and advisory services on HR law compliance.

Xochilt Valero, SHRM-CP

Ms. Valero provides paralegal support to the firm’s attorneys, including case management, legal research, collecting and compiling information needed for such analysis from clients and other fact-gathering, drafting of documents, and preparation of investigation report exhibits.

Brianna Jakosa

With over fifteen years of HR experience, Ms. Jakosa has a broad range of HR skills functions and has previously served as a director of human resources responsible for managing all of the company’s HR compliance. Ms. Jakosa assists the firm’s clients with day-to-day HR matters such as wage/hour and payroll questions, terminations, recruitment, diversity & inclusion efforts, and leaves of absence.

Sarah Hutchinson

Ms. Hutchinson brings her vast experience in human resources functions and non-profit sector operations. She has experience successfully handling challenging and complex staffing issues, including matters requiring investigation. Ms. Hutchinson supports the firm’s HR consulting work by assisting clients with direct HR support including for onboarding, termination, disability interactives, and other outsourced HR duties.