Human Resources Questions for Dentists: Secret iPhone recordings; Correcting I-9 forms

QUESTION: One of our employees secretly did an iPhone audio recording of his performance review meeting. Is that legal?

ANSWER: Possibly. You should check your states’ laws regarding audio recordings and any applicable requirement to obtain permission first. The majority of states currently have single-party consent laws that permit anyone to record a conversation without another’s consent, while other states require that all parties consent to the recording.

Once you have an understanding of applicable laws, you should consider implementing a policy prohibiting unauthorized audio recording, videotaping, or photography in the workplace. That could go a long way to preventing such conduct in the future, and could give your practice the grounds to discipline employees who violate the policy. Be sure this policy is reviewed by legal counsel and complies with state law.

QUESTION: We recently conducted an audit of our I-9 forms. Unfortunately, we found some errors. How can we correct them? Do we correct them on the same form, or should we have the employee complete a whole new form?

ANSWER: It is important to keep a record of the fact that you already had an I-9 form on file for the employee as required, even though it was inaccurate. Therefore, it is usually recommended that you correct the problem on the same I-9 form. I recommend you use a different color ink, note the date of the change, and provide a very brief reason for the change.

Also, be sure the right person is correcting the issue. One section of the I-9 is completed by the employee, and the other is completed by the employer. If the error occurred in the section to be completed by the employee, be sure it is the employee who does the correction.

If you prefer to have the I-9 completely redone, attach the original I-9 to the new one so that it is clear you had one on file as required in the event that you are ever audited.

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Human Resources Questions for Dentists is provided by Tim Twigg and Rebecca Boartfield of Bent Ericksen & Associates. Tim Twigg is president and Rebecca Boartfield is a human resources compliance consultant with Bent Ericksen & Associates. For 30 years, the company has been a leading authority in human resource and personnel issues, helping dentists deal successfully with the ever-changing and complex labor laws. To receive a complimentary copy of the company’s quarterly newsletter or to learn more about its services, call (800) 679-2760 or visit bentericksen.com.

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