Federal and State law dictate how long employers must retain certain employee related records.  For instance, Form I-9 should be retained for either three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later.  Federal laws such as Title VII of the Civil Rights Act of 1964 and Americans with Disabilities Act (ADA) also require employers to maintain certain pre-employment records for no less than two years.  Finally, New Jersey law also comes into play with regard to record retention.  At a minimum, New Jersey employers should maintain documents comprising the employee personnel file for a period of not less than two years after separation of employment.

Of course knowing the minimum retention requirements is only half the battle.   Some employers would be best served by retaining certain documents as long as possible. Others, however, might wish to consider scheduling the destruction of certain types of records as soon as the minimum retention period has concluded.