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Learn how using our software-specific feature walk-throughs and how tos. Looking for the best tips, tricks, and guides to help you accelerate your business? Use our research library below to get actionable, first-hand advice. Employee files contain sensitive information protected by a network of state and federal laws.
Find out how — and for how long — to file and retain personnel records for your business. We may receive compensation from partners and advertisers whose products appear here. Compensation may impact where products are placed on our site, but editorial opinions, scores, and reviews are independent from, and never influenced by, any advertiser or partner. Employees ink a lot of paperwork when they're hired, and the flow of documents continues throughout their tenure with your company.
Within that flow there are private documents, legal documents, signed and unsigned documents, and some documents you may not even need. An employee's personnel file is an official company record. In some states, current and former employees have the right to see their personnel files. Federal agencies such as the Internal Revenue Service or U. Your records may also be required to answer a lawsuit. When that happens, you don't want to go searching and wondering what to leave in and what to leave out.
With many employee forms migrating to electronic document systems, it's more important than ever to have a plan for filing, retaining, and storing employee documents. A human resources HR document retention policy can ensure that you always have current, accurate, and relevant papers right where you can find them.
It also lets you take advantage of the intelligence buried in all that paperwork. It's important to document an employee's record of employment, beginning all the way back to the recruiting and hiring process. Many employers are surprised to learn that they must keep records of job applicants as well as hires in case of a discrimination complaint. HR software can collect this information and even crunch the numbers and run reports for you. Then you can work proactively as your own watchdog, checking for unintentional bias and fine-tuning your recruiting and hiring practices.
The importance of maintaining HR records continues as your employee stays on year after year. For example, say you have an employee with serious performance issues. You create a performance improvement plan, but the problems continue. Eventually, you terminate the employee. That trail of performance appraisals and progressive discipline prepares the employee and backs your decision in case the terminated employee complains. One again, careful paperwork can reinforce HR best practices.
Proper HR document management is also important to protect your employees' sensitive information. Personal identifying information, financial documents, and health records must be securely stored. Mismanaging this information can harm your employees and cause legal problems for your company. Once an employee leaves your company, the clock on record retention starts.
Knowing how long to retain records and which records you can archive or destroy is important to maintaining a manageable, efficient, compliant employee document repository. This chart shows the employee documents you should maintain for job applicants and employees, along with minimum retention requirements following their separation or rejection from employment. Many legal and financial advisors recommend retaining documents for longer periods.
It's OK to set longer horizons for disposing of documents. The important thing is to deal with them consistently across all HR processes. You need to retain documents on applicants and hires to ensure that you're not discriminating against qualified candidates. Discrimination can be intentional or caused by policies with a "disparate impact" on protected employees.
For example, you may require an English literacy test for employees who don't need advanced English skills, a practice that disproportionately eliminates candidates based on national origin. If you run criminal background checks or credit checks, tread cautiously. You need to keep only pages with signatures.
You're responsible for IDs, but you don't have to copy them. If you do copy IDs, you must do so consistently for all employees, store them securely, and destroy them when the retention period ends. When requirements under state and federal laws conflict, always keep records for the longer timeframe.
Personnel records — At least one year. Maintain a personnel file for each employee covering promotion, demotion, disciplinary actions, and transfers. Save performance reviews for at least two years. The Employee Records Smart App can help you organize these digitally. I-9 Forms — One to three years.
Keep I-9 verification forms for three years after the date of hire or one year after termination whichever is later. Separation paperwork — At least one year.
It is recommended that you hold on to any documentation related to termination or separation for at least five years, in case you encounter a wrongful termination case. Payroll records — At least three years.
Save all paperwork related to wages, monetary awards, timesheets and time off requests for at least three years. Some lawyers recommend up to seven years for potential situations regarding unequal pay practices. For agricultural employers, there are additional pay stub and record keeping requirements. Any employer with personally identifying, sensitive, or health related information must notify employees if they are affected by an actual or suspected data breach.
Notification must be given to affected employees as soon as possible, unless otherwise directed by law enforcement. If a data breach affects more than people, it must be reported to the Office of the Attorney General.
See Chapter Employees and former employees have a right to access their own personnel files at least once a year. Employees under criminal investigation do not have the right to access their personnel record. Many states have laws requiring organizations to carefully maintain security and confidentiality when disposing of files -- generally requiring that you render the information unreadable or undecipherable. Office shredders are appropriate for daily use but not very efficient for large volumes or documents.
A better solution is to utilize a document management company. Whether you are still working on your end of the year file purges or are anticipating office spring cleaning, we hope you will refer to these guidelines. We have noticed you are using an ad blocking plugin in your browser. The revenue we receive from our advertisers helps make this site possible. We request you whitelist our site. Tuesday, October 26, Log in. Service Directory. Toggle navigation Colorado Community Media.
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Column by Jack Goldberg.
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