Employee Confidential Records and Information Policy
Author: Adam W. G. Freed and Anthony J. Oncidi, Proskauer Rose LLP; Jeremy M. Mittman, formerly of Proskauer Rose LLP
When to Use
Employee privacy rights in many states protect employee records and confidential information from improper disclosure to third parties. Employee Records policies put employees on notice as to how their information will be stored and managed, and to what extent the employee or others may inspect such information.
Employers should consider including this policy in their employee handbooks or presenting it to employees during the onboarding process to inform employees about the procedures and protocol for maintaining the confidentiality of personnel files and the circumstances under which they may be viewed. The employer should make sure that employees sign and acknowledge that they have received and understand the policy and consent to its terms.