Employee Filing System Compliance Package

EEO-1 Report 2007
Employee File System Development Guidelines
Federal Records Retention Guidelines
I-9 Processing Guidelines

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Frequently Asked Question's

Introduction

Employee personnel record retention is critical in all types of organizations. Accurate records frequently reduce potential liabilities. A strong defense in an employment-related lawsuit typically relies on the accuracy of documentation. Additionally, many of the federal employment laws have retention requirements, and certain organizations are required to file annual federal employment reports. Once an organization confirms compliance with recordkeeping and reporting requirements, they should select an organizational method that will best suit the company's need for efficiency in obtaining records and the accuracy of the information retained.

What should/should not be included in an employee's personnel file?

Generally, information related to employment-related decisions should be kept in the employee's personnel file. The following are examples of employment decisions: hiring, termination, status changes, performance evaluations and training development. An example of appropriate documents would include: applications, resumes, education records, letters of recognition, disciplinary actions, performance evaluations and training programs attended.

Records that should be retained, but in a separate location, include authorization to work documentation, medical and insurance records, workers compensation information, garnishment orders as all of these documents may contain information that should not be consider when making employment decisions.

When are employers required to obtain I-9 information?

The Department of Homeland Security requires that an employer certify an employee's authorization to work within three days of hire. The employer is required to complete and retain an I-9 form certifying an employee's identity and eligibility to work. Employers are required to re-verify employee's documentation when and if their employment authorization has expired.

Can we keep employment records on the computer?

Yes, basic federal employment laws do not specify in what form an employer must retain employment records. Important factors to consider when making decisions regarding personnel recordkeeping include confidentiality and who will be allowed access to the files. It is important to respect the privacy rights of the employees as well as the integrity of the records.

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