For practical reasons, many employers keep the bulk of an employee’s personnel file and other records for the duration of employment plus four years. This time period covers nearly every law, with the exception of three types of records that must be removed from a file before it is disposed of and retained for a longer duration:

• Pension and welfare plan information (six years)1
• First aid records of job injuries causing loss of work time (five years)2
• Safety and toxic or chemical exposure records, including safety data sheets (30 years)3

Review the Records Retention Requirements chart to determine how long government agencies and various laws require specific personnel records to be kept on file.

• Records Retention Requirements

Electronic Records Retention

In an age when more and more records are stored electronically, pay careful attention to retention policies and practices to be sure they include retention of records stored in this form.

Consider separating the electronic storage of business records from records that have mandated retention periods. Electronic records that contain confidential data and privileged communications often must be retained for extended periods of time. Other records, such as email messages and other routine communications, can often be destroyed after a reasonable time.

Policies and schedules that describe how to destroy items after the legal retention periods should include electronic as well as paper records. Establish, communicate and enforce retention procedures throughout your company. The retention requirements should include the records from computers of telecommuters who use company or personal computers for company business.

Avoid the appearance of selective records destruction if your company must defend a claim or lawsuit. If a lawsuit occurs, be prepared to preserve relevant electronic files and to produce these files as required.

1. 29 CFR sec. 516.1 et seq.

2. 8 CCR sec. 14300.7

3. 8 CCR sec. 3204