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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4871
Experience:  Extensive experience representing employees and management
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Hi there! Can you please confirm for me if this is true... From

Resolved Question:

Hi there!

Can you please confirm for me if this is true...
From what I understand, if a customer has written a letter to management about an employee, the HR department of that business is legally supposed to keep a copy of that letter in the employee's file?

Also if that is true, would a letter that has been "emailed" also be required to be put in the employees file. Because from what I have understood, it is required of a letter, but not of a "comment card" that might be filled out inside the place of business.

Thank you!
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

A company may decide to keep a copy of the letter that the employee writes about an employee, but there is no legal obligation (law) that requires them to do so. It is likely the practice of many larger employers as well, but there are thousands (or hundreds of thousands) of employers without HR departments, so it would be illogical for there to be any law that would require such a thing either.

Based on that information, the second part of your question is moot, since there is no legal oblgiation for the HR department to either keep a copy of such a letter or a comment card about the employee that can be filled out inside the place of business. In fact, the only records an employer is required to keep about employees is their payroll records. The employer has discretion whether to include any additional information in the employee's file.

I hope the above information is helpful.

Thanks and best of luck!
Customer: replied 1 year ago.

Thank you.

Expert:  Joseph replied 1 year ago.
Thanks Shirley,

Happy to help and best of luck!
Joseph, Lawyer
Satisfied Customers: 4871
Experience: Extensive experience representing employees and management
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