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after termination

2007-10-25 05:08:37 · 9 answers · asked by Anonymous in Politics & Government Law & Ethics

9 answers

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.

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 or may be drawn into a dispute over the reason for the termination.

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 one 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 one 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

2007-10-25 05:19:44 · answer #1 · answered by Anonymous · 2 0

The time scale is normally 6 years for information please read the following
The Data Protection Act make provision for the regulation of the processing of information relating to individuals, including holding, use or disclosure of such information (anything which is personal data) and include any expression of opinion about the individual and any intentions of the data controller or any other person in respect of the individual.
Every individual has the right to have a copy of all the information contained in their social work files, but sometimes the Data Protection Act

2007-10-25 12:20:55 · answer #2 · answered by Anonymous · 0 0

After rejecting an offer made by a company about 4years ago out of college.
they called me here recently and asked if i was interested in a position because my scores were off the chart.
Very odd of them to have called me, so companies that you have applied to can keep your personal info for quite a while.

2007-10-25 12:36:47 · answer #3 · answered by stephanie 3 · 0 0

Those records need to on file for at least 7 years for auditing purposes.

Your personnel file belongs to your employer not to you.

The only data they will have on you is the data you gave them.

2007-10-25 12:12:37 · answer #4 · answered by tnfarmgirl 6 · 0 0

I would assume they would be required to keep it as long as the laws require them to. I do know that companies are required to keep certain things for up to 7 years in some cases.

2007-10-25 12:12:08 · answer #5 · answered by Anonymous · 0 0

It is probably a part of your work history and their records. Since this would also include pay and attendance info, they probably have a required amount of time they have to retain them.

2007-10-25 12:14:07 · answer #6 · answered by sensible_man 7 · 0 0

Only for the length of time that you work for him.

2007-10-25 13:01:01 · answer #7 · answered by annie 4 · 0 0

Forever is the correct answer!!

2007-10-25 12:17:35 · answer #8 · answered by chico_65 2 · 0 0

FOREVER!!!!

2007-10-25 12:16:04 · answer #9 · answered by Lady Rhianna 3 · 0 0

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