What is in your Employee Files?

What is in your Employee Files? www.shadylaw.net Disclaimer: “I have no relevant financial relationships with the manufacturers of any commercial products and/or provider of commercial services discussed in this CME activity. I do not intend to discuss an unapproved/investigative use of a commercial product/device in my presentation.”

Employee File • Ideal file • Has 5 components: • Employment • Benefits • Payroll • Performance Reviews • Training

Employee File May also want to add a Miscellaneous Category

Employee File • Employment • This should contain application for employment • Employee Information Form • Employee Non-Disclosure Agreement • This may also be called confidentiality agreement

Employee File • Should also contain • Job descriptions • Any new hire paperwork • Direct Deposit forms etc. • Employee Handbook Acknowledgement • Offer letters • Record of any property assigned to employee

Employee File • Attendance Records • Employment Records • Date of Hire • Job Changes • All Pay Changes

Employee File If employee separates from company a separation form should be included Exit interview documentation Tax forms

Employee File • Benefits • Retirement Plan • Vacation Request • Change in benefit plans • Keep medical information in a separate file

Employee File • Payroll • Payroll Change Form • Payroll Information • Paperwork related to Garnishment • Employee Time Cards or Sheets

Employee File • Performance Review • Employee Appraisal Form • Any disciplinary action • Disciplinary documentation • Letters, Notes, etc. relating to performance (whether good or bad)

Employee File • Training • Orientation Checklist • Any documentation of continuing education • Documentation of in house training such as OSHA, HIPAA, etc.

Employee File Any other forms you find a need for in your practice Investigative forms such as report of harassment, Corporate Compliance, or HIPAA violation

Employee Files Be consistent in how you set up files Every file should look alike This includes everyone from employed MDs to the receptionist Should all be under lock and key Limited access only

Employee File Medical Files should always be kept separate from Personnel File.

Employee Files You are employed as office administrator of a very large practice. You have 25 employees in this office and 15 in a satellite office in a nearby town and 20 in another neighboring town. An employee wants a FMLA form. Do you have to provide one?

Employee File Dr. GoodHearted asks to see Mrs. GoodforNothing’s employee file because she wants to add a letter to it. The letter is a compliment. What do you do?

Employee File Dr. FeelGood has 5 employees and you are the office manager. You set up all the files and do not put an I-9 in the file. You know all your employees and none are illegal aliens

Employee File You are an office administrator for a small practice. Dr. Whiney is an employed physician. He wants to look at his personnel file. Do you allow him to take a peek?

Employee Files Your health insurance plan changed and you have a new summary plan document. Where should you put it?

Employee File You are an office manager for small practice called Kids R Us. The physician assistant gets upset with a nurse and demands to see her employee record. Do you allow her?

Contracts • Employment contracts • Two types • Physician and Non Physician

Contracts • Non physician regular employment law applies

Contracts • Non Compete: • Must be in writing • Ancillary to an employment agreement • Must protect legitimate business interest • Reasonable cope of activities prohibited • Reasonable as to the geography and time covered

Contracts • Not against public policy • Valuable consideration

Legitimate Business Interest • What Gives the Employee a “Leg Up” in Competing? • Access to confidential information • Patient lists • Training

Contract • Scope of Activity • Limited to nature of employer’s business • Limited to the nature of employee’s job • The “in any capacity” problem • Visionair,Inc. v. James, _NCApp._,606SE2nd 359(2004)

Contracts • Geography and time must be considered together • North Carolina “blue-penciling” rule

Contracts • Not enforced when fail to prove patients are located sufficient to justify the reach • Impose worldwide covenant • Covers areas where no established patients located

Contracts • Public Policy • Restraint of Trade • Legitimate business interest • Choice of law provisions

Valuable Consideration • Commencement of employment • Execution of a new noncompete

Contracts • All apply for physicians and more • Courts like Cost-sharing agreements • Formula with reasonable estimate of damage • Cost Share is computed and everyone agrees

Contracts • North Carolina Courts interpreted this as not being covenant not to compete • Does not come under strict scrutiny • Liquidated the damages

Employee File Questions? Thank you!

What is in your Employee Files?