Pre-employment records must be maintained even when candidates are not hired

Q         How long should we retain recruitment records such as job applications and interview notes for candidates who aren't hired?

A   Generally speaking, all pre-employment documents must be retained for three years following an employee's termination. Therefore, pre-employment documents (e.g., job descriptions, applications/resumes, interview evaluations, and offer letters) must be kept for three years after the no-hire decision is made. If a candidate is hired and additional documentation results (e.g., Form I-9, background check, or new hire action form), the documents must likewise be maintained for three years, even if the candidate doesn't ultimately end up working for the company.

Some state laws may require longer record retention periods. For conflicting laws, always follow the longer retention policy. Keep in mind, the penalties for not keeping required records may be severe.

Arizona law doesn't specify a record retention requirement for pre-employment records. Therefore, you must follow the three-year record retention requirement established by federal law. Arizona law, however, has longer record retention requirements for other documentation. For example, Arizona law requires you to maintain payroll records showing the hours worked for each day worked, wages paid, and earned sick time provided to all employees for a period of four years.