Employee Recordkeeping Folders

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Employee Recordkeeping FAQs

What should be included in an employee personnel file?

A personnel file should contain essential employment records, such as:

Employee identification and contact information
Job application and résumé
Offer letter and employment agreement
Performance evaluations
Disciplinary actions
Compensation and benefits records
Training and development documentation
Termination records

What information should be stored separately from an employee’s personnel file?

Certain records must be maintained in separate, confidential files to protect privacy and ensure compliance:

Medical records – Required by the ADA and HIPAA to be stored separately, including doctor’s notes, drug test results, injury documentation and requests for accommodations or leave.
I-9 forms – Must be filed separately due to sensitive personal data such as Social Security numbers.
Workplace investigations – Documentation such as statements, interview notes, and final reports should be kept in a restricted-access file.

As a best practice, many employers also maintain separate files for background checks, benefits information, equal employment data and litigation matters.

What documentation may be requested during an EEOC or DOL investigation?

Employers are often required to provide:

Policies – Copies of relevant company policies and procedures
Personnel files – Records of the employees involved, including evaluations and disciplinary actions
Employment records – Documentation related to hiring, termination, promotion or transfers
Communications – Emails, memos or written communications tied to the allegations

How often should employee records be reviewed and updated?

Employee records should be updated right away when significant changes occur, such as a promotion, salary adjustment or change in job status. Beyond those immediate updates, it’s a good practice to review files quarterly to confirm routine accuracy and consistency. In addition, a full audit should be conducted annually to ensure all information is current, compliant and properly maintained.

What is the best practice for managing documentation after employee termination?

Maintain a complete record of the termination process, including exit interviews, final pay details and termination letters. All files should be stored securely with access limited to authorized personnel. Records must be retained for the legally required period, in case of audits or disputes.

How long should employee records be maintained?

Retention requirements vary by record type. For example, payroll records must be kept at least three years under the Fair Labor Standards Act (FLSA), while I-9 forms must be retained for either three years after hire or one year after termination, whichever is later. Because requirements differ by state and federal law, it’s important to establish a records retention policy that meets or exceeds the strictest applicable standard.

Who should have access to personnel files?

Access should be limited to HR professionals and managers with a legitimate business need. Supervisors may view specific information, such as performance reviews, but they should not have unrestricted access to sensitive or unrelated data. Access protocols help protect employee privacy and reduce liability risks.

Can employees request to see their personnel file?

Yes. In many states, employees have the right to review the contents of their personnel file, often by submitting a written request. Some states also allow employees to request copies. Employers should be aware of state-specific laws governing access and create a clear policy to handle requests consistently and compliantly.

How should personnel files be stored to ensure confidentiality?

Personnel files must be stored securely, whether in physical or electronic form. Paper files should be kept in locked cabinets with controlled key access. Digital files should be protected with password security, encrypted systems and role-based permissions. Employers should also have policies in place for secure file disposal when retention periods expire.

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