Who Can Look at Employee Personnel Files? In addition to the employer, employees often have the right to view certain portions of their own employee personnel files as well. In most circumstances, employee personnel files should be treated as private records that belong to you and the corresponding employee.
Penal Code section 832.7 designates as confidential the contents of peace officer “personnel records,” and any information “obtained from these records.” Such information generally may only be obtained in court through a Pitchess motion, pursuant to Evidence Code sections 1043 and 1046.
Each law firm has a unique system of management and lines of authority. Generally, the owners of the firm (partners, for example) oversee and manage all other employees.
A personnel file is a paper or electronic folder for storing HR and payroll documents related to new, existing, or past employees. It should include basic employee and compensation information in compliance with federal and state labor laws.
In any case where an officer’s conduct is at issue, counsel should begin investigating the officer by asking colleagues if they know anything about the officer’s conduct or reputation, or by using “list serves” or other electronic means to query other defense attorneys about an officer. This is a legitimate and important first step in investigating a law enforcement officer. Google searches and online legal research may also be effective investigative techniques.
Therefore, counsel should commence any investigation concerning law enforcement misconduct early in the case, even before trial setting.
The challenge for defense counsel investigating officer misconduct is that the records of law enforcement officers are cloaked in confidentiality. Penal Code section 832.7, subdivision (a), provides that the “personnel records of peace officers and custodial officers . . . or information obtained from these records, are confidential and shall not be disclosed in any criminal . . . proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.” These provisions codify the Pitchess decision, which previously governed the release of law enforcement information.
The Pitchess process is governed by Evidence Code sections 1043 through 1046. It is a two step process : First, a noticed Pitchess motion is filed; second, if granted, the court conducts an in camera review of the records.
Evidence Code section 1043, subdivision (a), provides that Pitchess motions must be noticed and filed at least 10 court days prior to the hearing. Oppositions are due 5 court days before the hearing, and replies are due 2 court days before the hearing. It would be wise for defense counsel to consult the applicable local rules to determine whether any apply to the Pitchess process. Remember that the attorney representing the agency will be a civil lawyer, and that in making a Pitchess motion, defense counsel is entering a perhaps unfamiliar “civil realm” of legal practice. Courts can deny a motion if insufficient notice is given, if the motion is improperly served, or if the motion fails to attach the relevant police report.
Making a CPRA request to a law enforcement agency is simple. Defense counsel need only draft a letter or email requesting information falling within the categories of Penal Code section 832.7, subdivision (b) (1) (A) to (C) (described above). Counsel must specify the officer to whom the request relates. A badge number should be provided. The requestor may be required to pay for the direct costs of duplication. The agency may redact the records (1) to remove personal data or information, (2) to preserve the anonymity of complainants and witnesses, and (3) to protect confidential medical, financial, or other information.
The CPRA (Gov. Code, §§ 6250 et seq.) now provides a simple and powerful means for obtaining information about law enforcement officers. In 2018, Senate Bill 1421 was signed by the governor, going into effect on January 1, 2019. The legislative findings emphasize the public’s “right to know,” and state that concealing police misconduct “undercuts the public’s faith in the legitimacy of law enforcement, makes it harder for tens of thousands of hardworking peace officers to do their jobs, and endangers public safety.”
A personnel file is a paper or electronic folder for storing HR and payroll documents related to new, existing, or past employees. It should include basic employee and compensation information in compliance with federal and state labor laws. Understanding what employment records to store in a secure personnel file helps you avoid potential mistakes ...
The personnel file audit checklist can be used to document what’s missing in all employee files as you build or audit your personnel folders. List your employee’s names down the left-hand side. The document names are shown at the top. Use a check mark to show which documents you have.
HIPAA’s medical information privacy laws require you to protect the confidentiality of your employee’s medical records. If you have staff who have given you doctor’s notes or other documentation, such as for a medical leave, keep these health-related documents separate.
Labor laws apply to all employers covered by federal anti-discrimination laws, which is typically any employer with 15 full-time employees or more. However, the following laws apply to all businesses, and each agency has its own document retention requirements and/or guidelines.
The employee file folder checklist can be used, one per employee, to make sure you have all the documents you need for that employee’s file. If you’re using a paper file folder, consider stapling the checklist inside the folder. Then, each time you open it, you can see what you have and/or what’s missing in the employee’s personnel file.
Personnel files may seem outdated, but they are actually an important part of your business procedures to protect you from liability. They are generally required for compliance (such as if you were audited) and considered a best practice. However, they don’t have to be kept in paper form.
Payroll and compensation information, including any paycheck or pay card data. Contracts or agreements between the employee and the employer, such as a non-compete agreement, an employment contract, or an agreement relating to a company-provided car or business credit card.
Law clerks: Law clerks are ordinarily current law students working at a firm for academic credit, or for a small amount of money. Clerks will do legal research and otherwise assist lawyers in preparing cases and working on other law-related matters. Like associates, firms will bill out clerks at a much lower rate than partners.
Other personnel: Many law firms will have runners, part-time clerical help, technology experts, and other staff members to perform certain functions of the law office. The larger the law office, the more likely you will find such personnel on staff. Clients are unlikely to interact with many of these behind-the-scenes employees.
Administrative personne l: Larger law firms will have their own administrative personnel to run internal operations. While administrative staff generally don't charge clients directly for their services, they do constitute an overhead cost that is ultimately reflected in billing rates. Administrative staff may include accountants, bookkeepers, librarians, billing and accounts receivable personnel, and human resources personnel.
He or she is the firm's initial contact with the outside world, and generally answers phones and greets clients at the door . Some receptionists double as paralegals or legal assistants, depending on the nature of the law firm.
Legal assistants: This is a catchall term that is sometimes used by law firms to describe anyone in a law office who assists attorneys in working on legal matters. It may include paralegals, legal secretaries, and other support staff.
Depending on the legal structure of the firm, they might be called "Members" or "Shareholders.". While law firms often have a "Managing Partner" who runs the operations of the firm, most firms do not typically use the more corporate-style language of "CEO" or "President.". Associates: Lawyers who are employed by a firm, but who aren't owners, ...
Typically, the law office hierarchy can include any of the following people: Partners: People commonly refer to the owners of a law firm as being the "partners.". Partners are usually the most experienced lawyers in a firm and, consequently, they charge the highest fees and receive a share of the overall profits.
Hiring a lawyer to help you with your business' employee personnel files is always a good idea in order to protect against any potential lawsuits. Seek legal assistance now from a small business attorney who specializes in employment law to understand the laws in your state and to learn specifically who is allowed to see the contents of an employee's personnel file.
However, certain employees often have the legal right and need to view information that is contained within personnel files. For instance, supervisors may often need to look at past performance evaluations when making decisions about who to promote within the company. Human resources may have to look through personnel files in order to figure out what kind of salary to offer an incoming employee that is hired to replace someone. Lastly, employees in most states are allowed to view their own personnel files.
The Americans with Disabilities Act (ADA) has very strict rules regarding the handling and storage of employee medical records. Employers that must abide by the ADA have to keep medical records confidential and separate from the personnel files of their employees.
Normally personnel records are kept within a locked file cabinet that only certain people have access to. You should make sure that these files are only available to the people that have a legitimate and valid reason to look at the files.
However, if your state allows employees to inspect their own personnel files, these laws also often give you the right to have yourself or another supervisor present during the inspection to ensure that no improper documents are added to any personnel files. In some states, employees are allowed to make copies of certain documents contained within ...
In most circumstances, you will not be required to show an employee their entire personnel file. If, for example, you have been using the personnel file to collect information about an upcoming termination for cause, you may not have to show the employee that part of their file. In addition, if files in an employee's personnel file also include ...
In some states, employees are allowed to make copies of certain documents contained within their personnel files. As an example, a state law could allow an employee to have copies of all documents relating to their salaries, but not to any performance reviews. If an employee wants a copy of a certain document within their file ...
It is further agreed that, if, within ninety (90) days, no action has been taken on an employee-initiated study, the departmental Personnel Officer or the Director of Personnel shall provide progress reports to the employee and to the Union upon the request of either.
Personnel Officer means the Personnel Officer of the County of Albany.
An attorney working for a law firm who is not a partner and does not have an ownership interest in the firm. Associates are usually less experienced attorneys and may be invited to become partners after working for the firm for several years.
An administrative employee of a law firm who manages day-to-day operations. In smaller law firms, legal administrators are usually called office managers.
An administrative employee who manages the day-to-day operations of a firm. In larger law firms, office managers are usually called legal administrators.
A reference file containing copies of the firm's commonly used legal documents and informational forms. The documents in the forms file serve as models for drafting new documents.
A firm's handbook or written statement that specifies the policies and procedures that govern the firm's employees and employer-employee relationships.
A legal fee that consists of a specified percentage (such as 30 percent) of the amount the plaintiff recovers in a civil lawsuit. The fee is paid only if the plain- tiff wins the lawsuit (recovers damages).
An organizational form law firms may use in most states to help limit personal liability by separating individuals and the legal entity, the firm.