Document Retention

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    HR departments receive, generate, and accumulate substantial volumes of documents including job postings, employment applications, resumes, reference checks, testing data, personnel files, wage and hour records, payroll records, and disciplinary files. While it would be nice to purge those documents when the filing cabinet becomes overcrowded...

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    The Colorado General Assembly wrapped up its 2014 legislative session in early May, passing a number of bills that change the landscape for Colorado employers. Here's a look at the significant employment-related bills that passed and are expected to be signed into law by Governor John Hickenlooper, as well as other bills that didn't make it...
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    Suppose an e-mail from your company's in-house attorney instructs you to preserve all documents related to an ex-employee who is threatening to sue the company for wrongful termination. In the days before smartphones and cloud storage, that would have been a relatively limited exercise: Paper documents would be set aside, and files on the company...
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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail — likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    Q How long do we have to retain employment applications for candidates who have been interviewed but weren't hired? Do we need to keep them at all? A The best practice is to retain applications, résumés, interview notes, and other hiring-related documents for six years, which is the longest period of time someone in Ohio could...
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    Q How long do we have to retain employment applications for candidates who have been interviewed but weren't hired? Do we need to keep them at all? A Numerous federal employment laws specify how long covered employers must maintain job applications, résumés, and other application materials. If your organization is covered by...
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    Earlier this fall, I wrote an article about how the government shutdown affected E-Verify and I-9 enforcement (see "E-Verify unavailable during shutdown: a housekeeping opportunity for employers, part 1" on pg. 2 of our November issue). Now that the shutdown is behind us, what steps should your company be taking to ensure that you're in...
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    Q How long do we have to retain applications for candidates who have been interviewed but not hired? Do we need to keep them at all? A Yes, you do need to keep those employment applications for at least one year from the date the hiring process was completed (i.e., the position was filled). That will cover you for any discrimination claims...
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    Q How long do we have to retain employment applications for candidates who were interviewed but not hired? Do we need to keep them at all? A Numerous federal employment laws specify how long covered employers must maintain job applications, résumés, and other hiring materials. If your organization is covered by Title VII of the...
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    Under the Occupational Safety and Health Administration's (OSHA) Standard 1910.1020, employers must preserve medical and exposure records pertaining to employees. Medical records must be kept for the duration of the worker's employment plus 30 years, and exposure records must be kept for 30 years. Access to such records must be granted to the...
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