Personnel Files

System

Can anyone tell me how long employee files need to be kept? Our files contain an employment application, I-9, schedule agreements, disciplinary actions, handbook receipt etc. We have gathered conflicting information and would like to know the "real" answer. Any help would be appreciated - Thanks!

Paul in Cannon Beach

My understanding is that certain documents must be retained longer than others. However, I have also heard that holding on to personnel files for seven years should meet the requirements for all documents.

Anyone else heard differently?

[email]paulknoch@hotmail.com[/email]

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 04-09-02 AT 07:00PM (CST)[/font][p]I agree with Paul that various documents require various lengths of retention. Many documents may not need to be filed in the official personnel file but must be maintained in other employer records. From the information I have there is only one or two documents that need to be kept as long as 6 years under federal law, many for 5, others for 3, etc. Of course state law may require more time. But I think Paul's idea of keeping an employee's record for 7 years is reasonable and will pass all possible requirements (subject to state law). The downside of keeping beyond any time period legally required is that if there is a court order or a governmental request for a document that still exists but could have been destroyed legally, then you have to deal with it and the possible impact. But it's probably better to play it safe over all, as Paul implies, if you are not going to develop a "matrix" of document-retention times. Of course, if there is an ongoing legal matter, then keep the documents longer as they relate to the issue or employee.

Dianna

Just a note - remember that I-9's need to be kept in a separate place away from the personnel files.

System

Thanks for the information

There is no specific law that states that I-9's need to be kept separately. Although some companies choose to keep theirs separately, we do not.

Paul

Unlike medical files, yes you can keep the I-9 files in with the personnel files. It is not a good idea, however. The rationale is that if an INS investigator shows up (unannounced, of course) and wants to see your I-9 files, you will have to give them the full personnel file if they are merged together. I have never had the INS audit our files like this, but they can (and post 9/11 there is an increased liklihood that they might).

Why take the chance?

Regarding the length of time that records are required to be kept, some are regulated by the fed's and some are regulated by the individual states. I would suggest that you contact your local Dept. of Labor and ask them to send you their requirements. You can call from your home (and have it sent to your home) if you are worried about tipping them off to a possible problem at your company.

Good Luck.