Maintaining and Safeguarding Employee Records

By: Meredith P. Cook

There are many questions employers need to keep in mind when it comes to employee records. How long do I have to keep all this paperwork? Is it true that a Form I-9 should be kept separate from the rest of the personnel file materials? The sea of human resources paperwork can be confusing, so we have given you guidelines below to help you navigate.

Access to Personnel Files – In New Hampshire, all employees and former employees have the right to access their personnel files. Employees must be given an opportunity to inspect their files. If the employee requests a copy, the employer may charge a reasonable fee for the copying. Employees have the right to challenge the contents of their personnel files.

Form I-9 -- A Form I-9 may contain information about an employee’s national origin, so it is recommended that employers keep the I-9 forms separate from the employee’s personnel file. Also, the I-9 forms must be available for inspection during an audit by a state or federal government agency, so it is more convenient to have these records filed together by year and separate from the employee’s personnel file.

Employee Health Records -- Records concerning applicant and employee medical conditions, examinations, and history must be kept separate from personnel files and stored in a secure location with limited access. This includes records regarding physical examinations, doctor visits, medical leave, workers’ compensation claims, and drug and alcohol testing. Employee medical records must be kept confidential with narrow exceptions for supervisors and managers, first aid and safety personnel, and government officials.

Complaints, Lawsuits, and Charges of Discrimination – Records relating to an employee complaint of discrimination or harassment should be stored separate from the rest of the personnel file. If a Charge of Discrimination or lawsuit is filed against the employer, all relevant records must be kept throughout the litigation or investigation. Even if you are purging all employee records, do not destroy documents related to an ongoing Charge or suit.

Storage and Safeguarding – As part of an overall crisis management plan, employers should examine the safety of human resources records in the event of a break-in or disaster. Employers should lock personnel records and also check to make sure they are protected from fire and water.

Retention Guidelines -- Much of the confusion about record retention stems from the fact that employee records are governed by a number of different federal and state agencies. For example, the Fair Labor Standards Act requires employers to keep employee wage information for three years, but federal tax laws require employers to keep them for four years. To avoid confusion, the table below lists the longest requirement for each type of record.

Meredith P. Cook is a Member at Wiggin & Nourie, P.A. practicing in the Employment and Benefits Group. This article is presented to provide an understanding of personnel files and is not intended as legal advice to apply to any particular employer or employee. If you have any questions concerning employment practices, please contact Meredith at Wiggin & Nourie, P.A. Telephone: 603-629-4511, fax: 603-623-8442, email: .

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