Tag: Document Retention

Lessons From the Defamation Lawsuit Against Rudy Guiliani

Readers may have noticed news reports that on August 30, a federal judge declared Rudy Giuliani was on the losing end of a defamation lawsuit filed by two Georgia election workers. He had claimed they were involved in election shenanigans but ultimately, the accusation was baseless. But that isn’t why he lost. Rather, the judge […]

document

Document Retention in Hiring

Documentation and file retention are major aspects of the hiring process. One of the primary reasons to keep hiring records on file is to have documents to use in your defense in case of a discrimination claim.

ERISA

For the Record, Meticulous Retention of Plan Documents Is Crucial

The Employee Retirement Income Security Act (ERISA) requires that every employer maintain sufficient records for each employee to be able to determine the benefits due to the employees now or in the future. The plan sponsor has responsibility for retaining retirement plan records even when a third-party administrator (TPA) is hired to provide recordkeeping and […]

Deflategate: Tom Brady’s fumble provides valuable lesson about spoliation of evidence

Tom Brady is one of the best quarterbacks in NFL history, but he fumbled big time when he ordered the destruction of his cell phone before he was to be questioned about his involvement in the deflation of footballs during last season’s AFC championship game. Importantly, prior to the phone’s destruction, NFL investigators had asked […]

More rigorous regime for employers of temporary foreign workers

By Gilda Villaran As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past year. So many, in fact, that it has been hard to keep track of all the new legislative and regulatory amendments and new administrative measures. Yet another important change to the Temporary Foreign Workers Program […]

Q&A on Electronic Employee Records

In this digital age, employers are finding there are brand-new questions they face while trying to stay in legal compliance with employee recordkeeping requirements. For example, what constitutes a valid electronic signature? Does an answer in email count as legally-binding when it comes to confirming managerial decisions? How long do specific types of documents need […]

Looking for I-9 form

I Spy Missing I-9s — What Should HR Do?

by Steve Jones Q: My company recently conducted an I-9 audit and found that we are missing approximately a dozen I-9 forms. I don’t know if they were accidentally purged, filed incorrectly, or never completed. Can we ask the affected employees to fill out another I-9? If so, do we ask them to backdate it […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]