How long should I keep HR records?
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First of all, recordkeeping is important, and not only because many federal and state laws require employers to create and maintain records. Records are also critical in avoiding lawsuits. If you have good records to support your personnel actions, attorneys will be less likely to take the case of one of your employees or former employees. Even when they do take the case, your records will be a key part of your defense. So it’s worth taking the time to set up good recordkeeping systems and maintain records carefully. Rather than trying to juggle all the different record retention requirements of the various laws and regulations, I recommend to my clients that they simplify—just keep all records for five years after each employee’s termination. That will be long enough for virtually all types of records, with two exceptions:
- Pension and welfare benefits records, which should be kept for six years after termination.
- Safety and toxic exposure records, which should be kept for 30 years after termination.
— Allen M. Kato
Allen M. Kato is an associate at the San Francisco office of law firm Fenwick & West.