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Personnel files — South Carolina

Under South Carolina law, there is no legal obligation for an employer to maintain a personnel file or make a personnel file available to a current or former employee simply because a plaintiff requests copies of personnel files. The Federal Rules of Civil Procedure control what and when these records must be produced. Thus, the most common issue is what documents belong in a personnel file.

Information from supervisors

One of the more challenging aspects of correctly implementing what information belongs in a personnel file arises from the documents generated by supervisors. It is not uncommon for the human resource manager to maintain the employer personnel file and a supervisor to have his or her own collection of notes, emails and memoranda that he or she might have generated and that have never been shared with the human resources department. The supervisor will be considered a representative of the employer and his/ her information will most likely be related to the employee’s character or work habits.  As a result, this information should be included in the personnel file maintained by personnel in the human resources department.

Storing medical information

The Americans with Disabilities Act (ADA) requires...


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