Retaining Personnel Records

Federal laws address the length of time that certain employee records must be kept, but not how long the entire personnel file must be kept. Some state laws require that personnel files be retained for a given period of time following an employee's termination. The retention periods range from 60 days to three years following termination. Make sure you know which federal laws apply to your business, and be sure to comply with the recordkeeping requirements of each applicable law.

We recommend that you retain such records and keep a personnel file for seven years after any employee terminates employment, since your business may be called upon to provide an employment reference for the employee in the future. It's also possible that you may be drawn into a dispute over the reason for the termination or over events that took place while the person was your employee. Presumably, your records will justify whatever actions were taken.

The following table sets forth the period of time that you must retain specific types of records to conform to federal legal requirements.

Federal Record Retention Rules

Information Retention requirement Law

Employee name and any identifying number used in place of the name used on any work records 4 years from tax due date or payment of tax, whichever is later Social Security Act

Social Security number 4 years from tax due date or payment of tax, whichever is later Social Security Act

Employee home address, including zip code 4 years from tax due date or payment of tax, whichever is later Social Security Act

Date of birth if the employee is under 19 3 years FLSA, Equal Pay Act

Date of birth of all employees 3 years ADEA

Gender of employee 3 years FLSA, Equal Pay Act

Occupation of employee 3 years FLSA, Equal Pay Act, ADEA

Age records No time period specified by law ERISA

Service record to determine whether an employee has worked 1000 hours or has incurred a break in service No time period specified by law ERISA

Marital status record No time period specified by law ERISA

Form I-9 3 years after hire or the date of recruitment or referral (if directed from an employment agency) or, after termination, for 1 year or 3 years after hiring, whichever is later Immigration Reform and Control Act of 1986

Complete job application 1 year Title VII, ADA

Resumes or other forms of employment inquiry 1 year ADEA

Other hiring material 1 year Title VII, ADA

Job orders submitted by an employer to an employment agency 1 year ADEA

Test papers for a position if the test paper discloses the result of the test 1 year ADEA

Results of any physical examination that is considered by the employer in connection with personnel action 1 year ADA

Any advertisements relating to job openings 1 year ADEA

Records of job movement (promotions, demotions, transfers) 1 year Title VII, ADA, ADEA

Material relating to layoffs 1 year Title VII, ADA, ADEA

Material relating to termination 1 year
Records of involuntarily terminated employees must be kept for a period of 1 year from the date of termination. Title VII, ADA

Selection for training or apprenticeship 1 year Title VII, ADA, ADEA

Requests for physical job accommodation 1 year ADA

Federal Record Retention Rules
Information	Retention requirement	Law
Employee name and any identifying number used in place of the name used on any work records	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Social Security number	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Employee home address, including zip code	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Date of birth if the employee is under 19	3 years	FLSA, Equal Pay Act
Date of birth of all employees	3 years	ADEA
Gender of employee	3 years	FLSA, Equal Pay Act
Occupation of employee	3 years	FLSA, Equal Pay Act, ADEA
Age records	No time period specified by law	ERISA
Service record to determine whether an employee has worked 1000 hours or has incurred a break in service	No time period specified by law	ERISA
Marital status record	No time period specified by law	ERISA
Form I-9	3 years after hire or the date of recruitment or referral (if directed from an employment agency) or, after termination, for 1 year or 3 years after hiring, whichever is later	Immigration Reform and Control Act of 1986
Complete job application	1 year	Title VII, ADA
Resumes or other forms of employment inquiry	1 year	ADEA
Other hiring material	1 year	Title VII, ADA
Job orders submitted by an employer to an employment agency	1 year	ADEA
Test papers for a position if the test paper discloses the result of the test	1 year	ADEA
Results of any physical examination that is considered by the employer in connection with personnel action	1 year	ADA
Any advertisements relating to job openings	1 year	ADEA
Records of job movement (promotions, demotions, transfers)	1 year	Title VII, ADA, ADEA
Material relating to layoffs	1 year	Title VII, ADA, ADEA
Material relating to termination	1 year Records of involuntarily terminated employees must be kept for a period of 1 year from the date of termination.	Title VII, ADA
Selection for training or apprenticeship	1 year	Title VII, ADA, ADEA
Requests for physical job accommodation	1 year	ADA

State Record Retention Rules

In addition to the federal rules, every state has enacted at least one antidiscrimination rule, and as you might expect, there are recordkeeping requirements associated with these state rules as well. See the discussion of state antidiscrimination rules for information regarding these state record retention requirements.