Hello G.,
I hate to give you an "it depends" type of answer (that's not really true, I love saying that), but "it's different based on the different type of record." In general, for any type of information retention, it's just based on how long you might end up needing the information. It's usually based on two things:
- Any government/administrative requirements for keeping them - for instance the IRS audit period (which is usually 3 years, but sometimes 6 years and in very rare instances, forever), OSHA requirements or I-9 requirements (as well as GDPR if it's relevant). For different types of information, I've seen them vary from 1 year to 7 years.
- Statute of limitations for different things - there are several different types of claims that could arise related to employment including (just off the cuff, not exclusive) contract claims, discrimination claims, wrongful termination, negligence or worker's compensation. Each of them would have different statutes of limitations. So for each type of information, it might be in your best interest to determine the longest statute of limitations that applies in the relevant states for that piece of information.
I'm sorry that I don't really have a cut and dry answer or a specific "just to be safe" answer. It really is an evaluation between "protection of data + the cost of keeping information" vs. "potentially needing the information" and it even differs from state to state.
Thanks,
Andy
Nothing contained in the posting above should be considered to constitute legal advice or should be relied upon as such, and does not create an attorney-client relationship.
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Andrew Goldman
Attorney
Law Office of Andrew D. Goldman, PLC
Fairfax VA
(571) 445-5168
Nothing contained in the posting above should be considered to constitute legal advice or should be relied upon as such, and does not create an attorney-client relationship.
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Original Message:
Sent: Feb 20, 2024 10:44 AM
From: G. Hefner, CAE
Subject: Employee Records
Good monring,
In reviewing employee record requirements, there are many differing opinions. What is the length of time employee records are retained? I believe it to me one year and payroll for three.
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G. Hefner CAE
Executive Director
American Society of Concrete Contractors
St. Louis MO
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