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Special record keeping rules apply when an employee files a charge of discrimination under any of the anti-discrimination laws the EEOC enforces.
In matters involving employee disputes under the federal civil rights laws, you must keep employee files until the employer and the federal agency reach a resolution, or until the EEOC issues its decision. Because files must be kept throughout the entire dispute resolution process, it could be years after the termination before an employer can safely discard the employee's files. Because record keeping rules vary according to federal and state government requirements, it's prudent to maintain employee records for the maximum length of time.
It's perfectly fine to store those records electronically, so you don't have to allocate space and resources to paper records.
You'd be wise to maintain all employee records for at least three years — to cover all the bases of the federal rules — and longer, if necessary, to comply with state rules. Ruth Mayhew has been writing since the mids, and she has been an HR subject matter expert since Her work appears in "The Multi-Generational Workforce in the Health Care Industry," and she has been cited in numerous publications, including journals and textbooks that focus on human resources management practices.
Ruth resides in the nation's capital, Washington, D. By Ruth Mayhew Updated February 04, References U. Login Close Print Preview. Close Print Preview. All Topics. View All Topics. Skill Business Culture Systems. Stage Dreaming Opening Operating. View All Financial Resources. View All Growth Resources. Brand Expansion Commissary Expansion.
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