Legal Record Keeping for Christian Schools
Thomas A. Scott, MA, Vice President, Operations, ACSI
Proper record keeping is required by law. Administrators of Christian schools need to ensure that their records meet the requirements of state and federal employment laws. Otherwise, their school could be in serious trouble if litigation is filed against the school. Each record can play an important part in whether a school wins or loses when defending a legal claim. Many areas of employee relationships are fraught with recordkeeping pitfalls. Among the most commonly litigated areas are payroll, discrimination issues, contracts, hiring decisions, and firing decisions (which usually involve not renewing employee contracts).
The main question that schools ask is, What documents should schools have on file, and how long should schools keep those documents? The following list, based on federal law, will help schools know what files to keep. Although not exhaustive, the list does address most files. Of course, schools can keep the files as long as they desire, but the lengths of time listed are what federal law currently requires. Schools should consult with legal counsel if they are uncertain of any state or federal requirements.
The federal Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) require that schools keep the medical information of employees confidential. The biggest concern is that an accidental disclosure of an employee’s medical condition may adversely affect that employee’s employment opportunities. Therefore, schools must keep medical records in confidential files that are separate from general personnel files. Schools must limit access to medical files to those who have a need to know. Schools should maintain any workers’ compensation records and I-9 records in the same way.
It is important to retain disciplinary records, although the law does not necessarily require schools to do so. There are some obvious reasons why schools should maintain disciplinary records. Those records can help protect schools regarding school actions and can provide verification that an employee’s behavior was addressed and that the employee had an opportunity to correct the concerns addressed. Schools can store disciplinary records in the employee personnel files and should keep the records for the duration of the personnel files.
Good records can support school employment decisions, and improper records or a lack of records can make school actions appear inappropriate and wrong. For example, keeping accurate wage records is a must in light of the fact that the U.S. Department of Labor (DOL) follows the so-called best-evidence rule, which says that when there is a pay discrepancy the DOL will look at the best evidence of hours worked. If an employer has incomplete records and the employee has kept a log of hours, the employee will probably win the case.
Good and proper records are a must in today’s litigation atmosphere. Proper record keeping is the law, but it also protects schools when employees are not pleased with school actions.
Reference
Alexander Hamilton Institute. 2004. Employer’s guide to record-keeping requirements. Ramsey, NJ: Alexander Hamilton Institute.
Better Business 12.3