What to Include in Personnel Record Retention: Eight Important Categories

by on July 6, 2009 · 1 Comment POSTED IN: HR Info Center

Proper Personnel Record Retention is Crucial

Turn to the statutes and regulations. In the major employment statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination and Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, and ERISA, the following eight document categories are the kinds of things that you might consider in personnel record retention:

  1. Job applications, resumes, or any form of employment inquiry.
  2. Records pertaining to failure to hire. Personnel record retention does not always just involve current employees. It also relates to applicants that you never hired. Several of the statutes require you maintain applicant information even if those particular individuals weren’t hired for the jobs they applied for. If somebody who was not hired believes that they didn’t get the job for discriminatory reasons, for example, these kinds of documents are crucial in defending your actions.
  3. Records relating to promotion, demotion, transfer. Any sort of employment decision that might affect an employee on a daily basis should be considered in personnel record retention.
  4. Job orders to an employment agency. If you use employment agencies, whether they be day labor staffing organizations or professional employer organizations, both you and the staffing company potentially could count as an employer of that person. Therefore, job orders to that agency might be very important in personnel record retention if one of those employees ever makes a claim against his or her employer.
  5. Aptitude or employment test results and physical examination results.This includes drug tests.
  6. Advertisements relating to job openings, promotions, training programs or other opportunities for overtime work. If someone claims that they didn’t get a job and they are obviously unqualified, it’s very handy to have the job advertisement that describes exactly what the company is looking for.
  7. Hours of work, pay rates, wages, and deductions, records related to FMLA leave. The Fair Labor Standards Act and any other laws relating to the payment of wages are very strict in defining the records involved in personnel record retention. FMLA, too, is very strict, and your compliance to the law is difficult to prove without documentation.
  8. Requests for reasonable accommodation of disability.

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