What information must be kept in past employee personnel files? For ex-employees can we merge I-9s and medical files?

As recordkeeping is concerned, past employees’ records must be treated the same as current employees’ records. Merging information into one file is not allowed. Under ADA regulations medical records must be kept in a separate confidential file. I-9 forms and supporting documents can be copied and kept in a separate confidential file. Simple I-9 information for all employees can be kept in one file or binder and should be retained for at least three years after an employee leaves.


Hope that helps you out. =)



A note about HR laws:
Laws concerning employee treatment, benefits, hiring and firing…etc are multi-level. What this means is that there are Federal laws, state laws and sometimes local regulations that have jurisdiction over an employee. The information presented here should not be considered legal advice. Ultimately, employers with serious legal questions should consult local attorneys with expertise in worker relations.
The questions and answers presented here are based on research and data from internet sources and should not be considered the final word.

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