Can you keep copies of ID in personnel files?

Copies must not be used for any other purpose. If copies or electronic images of the employee’s documents are made, they must either be retained with the Form I-9 or stored with the employee’s records.

Are employers required to keep copies of I-9 documents?

Employers Often Keep More than They Need. While employers must keep I-9s for the time period required by law, employers that do not use E-Verify are not required to keep copies of documentation received from the employee that demonstrates the employee’s identity and authorization to work in the United States.

Can an employee ask for a copy of their personnel file?

Current employees can request copies of personnel files at least annually and an ex-employee can request access to their files once after termination of employment. The inspection and copying shall occur at the employer’s office. The inspection must be at a time that is convenient to both the employee and employer.

Can an employer keep a copy of my Social Security card?

If the employee chooses to use his or her Social Security card for employment authorization purposes, he or she must show you the card. However, some employers choose to keep copies for legal defense reasons — in which case, copies should be kept for all employees to avoid breaking antidiscrimination laws.

What should not be kept in a personnel file?

Examples of items that should not be included in the personnel file are:

• Pre-employment records (with the exception of the application and resume)
• Monthly attendance transaction documents.
• Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.

Do personnel files need to be locked?

There is no federal or state law that says that employee files must be kept under lock and key, but there are privacy and confidentiality laws in some states regarding employee files. Also, allowing unwarranted access to employment files could lead to charges of discrimination or privacy violations.

What triggers an I-9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE.

Can an employee request a copy of their I-9 form?

May I accept a copy of a document from an employee? No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

Does an employer have to give you a copy of your contract?

Your employer must give you a written statement the day you start work. The statement must contain certain terms and conditions. Generally, you and your employer can agree to whatever terms you want in the contract, but you can’t agree to a contractual term which gives you fewer rights than you have under law .

Do I have the right to view my personnel file?

In California, you have a right to copies of your employment records, including your personnel file, payroll records, and documents you signed. The process is a simple one that you can do yourself.

Can I refuse to give my social security number?

Yes, you can refuse unless you’re legally required to provide your Social Security number (SSN). However, there’s also no law preventing businesses from asking for it or refusing you service if you don’t provide it.