Separate I-9 Files

HRQ

Maybe this is a dumb question, maybe it's not...

Is it illegal to store I-9's in the personnel file along with disciplinary documents, performance evals, etc.? I know it's UNWISE to store non-performance-related documents such as doc's notes, I-9's, etc. in there, but is it actually illegal?

Two new managers said that they were told by their previous employer it is illegal.

I already searched the Forum and didn't find an answer but may not have used the right words to search... x:)

njjel

[font size="1" color="#FF0000"]LAST EDITED ON 04-19-05 AT 08:40AM (CST)[/font][br][br]No it's not illegal but if you were ever to have an I-9 audit why would you want to give them the opportunity to access all of your personnel files? Keep the I-9's in a separate file where you can simply had the auditor one file and wa-la you are done!
Edit - It's also SO much easier to keep the I-9's updated.

Don D

The regulations that gave birth to the I-9 form do not prohibit it. The I-9 can be filed however and wherever you choose as long as they are available for inspection within 3 days of the request that they be produced.

The ADA prohibits co-mingling of medical files with other personnel documents and says the documents must be 'separate', but even the ADA does not define separate. Other than that, there are no federal laws addressing file structure, so you are at liberty to do whatever meets your business needs.

HRQ

Thanks, guys!