Have you ever wondered how long you need to keep a document related to your employees? In Ohio, the statute of limitations for a discrimination claim is six years.
For a workers’ compensation claim once the claim is allowed, it will remain open until 10 years after the last payment of compensation or until it is settled and closed. Some records need to be kept because of the potential for a government audit. It can be a daunting task to remember how long to keep all the records that are generated relating to employees.
Here is a quick reference guide you can keep to remind yourself when it is permissible to destroy a record. This is not all encompassing and is only meant to be a guide. If you have a question about a particular record, the attorneys in the Employment and Labor Department of CC&J can assist you in obtaining the correct answer.
|Resumes, Applications and related employment materials, including interview records and notes||6 years from date of hiring decision for non-hires and from date of termination for employees|
|Background checks, drug test results, driving records, company employment verifications, letters of reference and related documents||6 years from date of hiring decision for non-hires and from date of termination for employees|
|I-9 Forms||The later of 3 years from the date of hire or 1 year after termination of employment|
|Written contracts||8 years after expiration|
|Handbooks and other policies or procedures||6 years after expiration|
|Collective bargaining agreements||6 years after expiration|
|Compensation and time records||3 years after termination|
|FMLA and USERRA and related leave records||3 years after termination|
|Performance appraisal and disciplinary action records||6 years after expiration|
|Benefit records||6 years after filing date|
|OSHA and other employee safety records||5 years after termination|
|Workers’ compensation records||10 years after the later of the last payment of compensation in the claim or the close of the claim|
|EEO-1s||2 years after the filing date|
|Affirmative Action Plans||2 years after the close of AAP year|
|OSHA 300/300A||5 years after posting|
|ERISA 5500||6 years after filing|