Jonathan Hyman

Kohrman Jackson & Krantz PLL
Cleveland, Ohio
(216) 736-7226
www.KJK.com
jth@kjk.com

Jon concentrates his practice in the representation of companies in employment and labor disputes and counseling companies on various employment issues. He has written and lectured extensively on myriad employment law issues, including the FMLA, sexual harassment, discrimination, wage and hour issues, and background checks. He is also the author of the Ohio Employer’s Law Blog, where he publishes daily on employment and labor law issues.

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Q. How long after employees have left should we retain their files? And if we shred the files, do we have to keep a record of employment date, termination date and any other information? — J.T, Ohio

A. How long employers should keep personnel files is more a function of state law than anything else. It largely depends on how long an employee has to bring a claim for which those records could be relevant. Some of these rules are governed by federal law and others by state law.

For an Ohio employer, for example, I suggest the following guidelines:

• Wage-and-hour records: Three years
• I-9 forms: Three years after hiring, or one year after separation (if later)
• Employee personnel, medical and other employment records: Six years after termination
• Tax and payroll records: Seven years
• Written employment contracts and other agreements: 15 years