Employment Record Retention

There is often confusion among employers concerning the legal requirements for record keeping and retention of employee files and other employment-related records. Not only are there federal record keeping requirements, but individual states also have requirements that must be followed. Some requirements apply to most or all employers, while others apply primarily to government contractors and subcontractors. Many of these requirements are dependent on the particular law which applies to the type of record and the number of employees.

Generally an employer could establish the following retention periods for both electronic and paper-based records:

• Personnel: 7 years after termination.
• Medical/benefits: 6 years after plan year.
• I-9 forms: Not more than 3 years after termination.
• Hiring Records: 2 years after hiring decision.

Download this useful chart that displays the employment record retention guidelines based on particular laws. Please contact us for more information.