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Retaining Employment Records

PaperworkEmployers are often overwhelmed with the amount of paperwork they must maintain. A common question is “how long must an employer keep employment records after an employee has been discharged?”

There is no bright line rule to follow because there are a variety of mandated lengths of time for how long an employer must retain employment records. This is true whether the records are kept in paper or digital form. As a result of there being so many different retention times for employment records, many employers use a general guideline of maintaining the employee’s file for the time the employee is employed, plus four years.

This general guideline covers most laws, but there are three types of records that are required to be retained for a longer period. It is important to remove these documents from a personnel file before it is disposed of. They are:

  • First-aid documentation regarding on-the-job injuries that resulted in the employee missing work must be retained five years
  • Records regarding the employee’s pension and welfare plan information must be retained six years
  • All safety data sheets, including toxic or chemical exposure records, must be retained 30 years

Employers must pay close attention to employment record retention policies and practices. The retention requirements are the same whether you maintain the information in physical or electronic format, but you must properly file, index and store the records in whatever form you choose. In other words, a pile of papers can be misplaced in your cabinets and electronic data can disappear on your hard drive if you do not have procedures in place to ensure the records are properly maintained.

If you have questions regarding an employment matter, we can help. Contact the attorneys at The Swenson Law Firm to schedule your appointment.

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