Tag: Employee records

As a subcontractor, are we required to provide an employee’s drug test results to the prime contractor? Check the written agreement that you have with the contracted company to determine if language exists for this requirement. If not, we do not recommend providing the test results. You may provide information on whether the results concluded…

Question: Should we get a HIPAA release from an employee to review the medical information for a work-related injury? Answer: You generally do not need a Health Insurance Portability and Accountability Act of 1996 (HIPAA) release from an employee in order to review medical information related to a workers’ compensation injury. According to the U.S….

Question: Can we hire a non-U.S. citizen who does not have, but has applied for, a Social Security card? Answer: Although the United States Citizenship and Immigration Services (USCIS) allows an employee to present a receipt in place of a lost or stolen Social Security card, a receipt for application for a Social Security card is not an…

Question: What information can we provide a client? Two of our client’s former employees are engaged in a sexual harassment charge, and one former employee is requesting complaint documents from our client. Is our client obligated to provide these documents? Answer: We highly recommend reviewing this request with legal counsel to determine the appropriate steps…

Question: Is it correct that confidential information should be kept under two locks, the filing cabinet and the office door? Answer: The locking of both a file cabinet and an office door is not a legal requirement but a best practice. The reason that this is often suggested is that employers are required to take…

Question: Our employee’s work permit will expire soon. His attorney says we should accept the application receipt and that it is valid for 90 days. Is this correct? Answer: In regards to employment authorization, employers can accept certain receipts from employees. If the receipt validates an application from the proper authority for an expired document contained…

Question: Can you tell me the reason we need to keep the original employment application in the personnel file? Answer: There is no law requiring an employer to keep the employment application on file. Employers that do keep the employment application on file most likely do so because it is a signed document completed by…