Q - A: Preemplyment 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 arent hired?

Generally speaking, all preemployment documents must be retained for three years following an employees termination. Therefore, preemployment documents (e.g., job descriptions, applications/résumés, 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 doesnt 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 retaining required records may be severe.

Arizona law doesnt specify a record retention requirement for preemployment 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.