NT Lakis has created a guide on what to consider when deciding whether to keep certain employment records, taking into account both the current state of the law and best practices. The guide was created to help employers understand how to handle all manner of employment records, including informal records such as personal interview notes or drafts of performance evaluations.
Federal employment laws generally require employers to maintain certain employment-related records for a period ranging from one to three years, depending on the law and record in question. While these laws typically spell out some of the specific records that an employer is required to retain, they also often contain retention provisions using catchall phrases such as “employment records” that can keep an employer guessing as to what exactly must be retained, and for how long.
Although federal enforcement agencies and courts have shed some light on the scope of the term “employment records,” there is still no uniform guidance or interpretation regarding informal records as to what must be retained and for how long.
Members of the Equal Employment Advisory Council (EEAC) can read more here.