Personnel file permanent... My oh my not even Larry would go that far.
Ya gotta love lawyers
I had a friend who shot a turkey. He hit it center mass with with a 12 gauge turkey load from 10 feet away. The turkey was dead but he was picking pin feathers out of every bite.
If you are anticipating litigation, you might keep the current retention period, place a litigation hold on disposal, wait for the case law to catch up and then decide what to do with the records. It seems to be not only overkill to make these records permanent ( knee jerk reaction) but it also increases liability in so many other areas. We have been trying, for how many years (with the exception of Larry) to reduce the number of years we keep these records. Now y'all come along and make them permanent and justify it bases on potential litigation? Somebody aughta run this by the Archives list and see what those folks say.
Chris Flynn
Records Manager
University of North Dakota
701/777-6797
> Date: Fri, 24 Apr 2009 11:23:30 -0400
> From: [log in to unmask]
> Subject: Re: Ledbetter Act
> To: [log in to unmask]
>
> Brent - I just came back from two conferences on employment law, and the
> answer to your question is that there is no hard and fast answer. The
> most conservative advice being handed out by employment lawyers is that
> you keep everything from personnel files forever. One alternative idea
> being tossed around is that everyone receives the same increase, while
> employers reward high performers with an annual bonus. The bonus would
> not be subject to the Ledbetter rules (so far, anyway). They would only
> be subject to a short retention period, which may differ from state to
> state but probably would not be longer than five years (ask local
> counsel). I doubt Congress will act to clarify the issue. Until a few
> of the cases brought under the Ledbetter Act go before the federal
> courts and generate opinions, this will remain unsettled. It's always
> nice to have a definite answer, but there is not one for this question.
>
>
>
> Margie
>
> Margaret M. deMarteleire
>
> HR/FLSA Analyst
>
> CDI Corporation
>
> 1717 Arch Street, 35th Floor
>
> Philadelphia, PA 19103
>
> (215) 636-1219
>
>
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Brent Egbert
> Sent: Friday, April 24, 2009 11:05 AM
> To: [log in to unmask]
> Subject: Ledbetter Act
>
>
>
> Hello to all...
>
>
>
> I was wondering if anyone on the list would be willing to share their
> insights/experiences as to how they have approached and started to make
> changes to their policies, programs, or procedures to align themselves
> to the Ledbetter Act. I have reached out to my Legal, HR, and Payroll
> Departments and given them my take on things, but I think it would be
> valuable to me and my company to consider the thoughts and lessons
> learned from outside our little corner of the world.
>
>
>
> Thanks!
>
>
>
> Brent
>
> [cid:image001.jpg@01C9C4BA.789F0B60]
>
> Brent I. Egbert | Corporate Records Manager
>
> Neways Worldwide Inc.
>
> 2089 Neways Drive | Springville, UT 84663
>
> Phone 801 418 2000 Fax 801 418 2194
>
>
>
> www.neways.com<http://www.neways.com/>
>
>
>
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