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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hi there! Can you please confirm for me if this is true... From

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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!
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 4 years ago.

Thank you.

Thanks Shirley,

Happy to help and best of luck!
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