What is in your Employee Files? Disclaimer: “I have no relevant financial relationships with the...
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![Page 1: What is in your Employee Files? Disclaimer: “I have no relevant financial relationships with the manufacturers of any commercial products.](https://reader036.fdocuments.net/reader036/viewer/2022062519/56649c985503460f94954d10/html5/thumbnails/1.jpg)
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.”
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Employee File
Ideal fileHas 5 components:
– Employment– Benefits– Payroll– Performance Reviews– Training
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Employee File
May also want to add a Miscellaneous
Category
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Employee File
Employment– This should contain application for
employment– Employee Information Form– Employee Non-Disclosure Agreement
This may also be called confidentiality agreement
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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
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Employee File
Attendance RecordsEmployment Records
– Date of Hire– Job Changes– All Pay Changes
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Employee File
If employee separates from company a separation form should be included
Exit interview documentation Tax forms
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Employee File
Benefits– Retirement Plan– Vacation Request– Change in benefit plans– Keep medical information in a separate file
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Employee File
Payroll– Payroll Change Form– Payroll Information– Paperwork related to Garnishment– Employee Time Cards or Sheets
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Employee File
Performance Review– Employee Appraisal Form– Any disciplinary action– Disciplinary documentation– Letters, Notes, etc. relating to performance
(whether good or bad)
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Employee File
Training – Orientation Checklist– Any documentation of continuing education– Documentation of in house training such as
OSHA, HIPAA, etc.
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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
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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
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Employee File
Medical Files should always be kept separate from Personnel File.
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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?
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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?
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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
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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?
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Employee Files
Your health insurance plan changed and you have a new summary plan document. Where should you put it?
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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?
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Contracts
Employment contracts Two types Physician and Non Physician
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Contracts
Non physician regular employment law applies
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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
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Contracts
Not against public policy Valuable consideration
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Legitimate Business Interest
What Gives the Employee a “Leg Up” in Competing?
Access to confidential information Patient lists Training
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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)
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Contracts
Geography and time must be considered together
North Carolina “blue-penciling” rule
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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
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Contracts
Public Policy Restraint of Trade Legitimate business interest Choice of law provisions
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Valuable Consideration
Commencement of employment Execution of a new noncompete
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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
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Contracts
North Carolina Courts interpreted this as not being covenant not to compete
Does not come under strict scrutiny Liquidated the damages
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Employee File
Questions?
Thank you!
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