Transcript What is in that Employee File

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:
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Employment
Benefits
Payroll
Performance Reviews
Training
Employee File
May also want to add a Miscellaneous
Category
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Employee File
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Employment
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This should contain application for
employment
Employee Information Form
Employee Non-Disclosure Agreement
 This may also be called confidentiality
agreement
Employee File
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Should also contain
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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
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Date of Hire
Job Changes
All Pay Changes
Employee File
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If employee separates from company a
separation form should be included
Exit interview documentation
Tax forms
Employee File
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Benefits
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Retirement Plan
Vacation Request
Change in benefit plans
Keep medical information in a separate file
Employee File
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Payroll
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Payroll Change Form
Payroll Information
Paperwork related to Garnishment
Employee Time Cards or Sheets
Employee File
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Performance Review
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Employee Appraisal Form
Any disciplinary action
Disciplinary documentation
Letters, Notes, etc. relating to performance
(whether good or bad)
Employee File
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Training
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Orientation Checklist
Any documentation of continuing education
Documentation of in house training such as
OSHA, HIPAA, etc.
Employee File
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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
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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
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Medical Files should always be kept
separate from Personnel File.
Employee Files
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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
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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
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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
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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
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Your health insurance plan changed and you
have a new summary plan document. Where
should you put it?
Employee File
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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
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Employment contracts
Two types
Physician and Non Physician
Contracts
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Non physician regular employment law
applies
Contracts
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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
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Not against public policy
Valuable consideration
Legitimate Business Interest
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What Gives the Employee a “Leg Up” in
Competing?
Access to confidential information
Patient lists
Training
Contract
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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
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Geography and time must be considered
together
North Carolina “blue-penciling” rule
Contracts
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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
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Public Policy
Restraint of Trade
Legitimate business interest
Choice of law provisions
Valuable Consideration
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Commencement of employment
Execution of a new noncompete
Contracts
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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
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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!