Employee Records Retention: Legal Requirements by State (2026)
Employee records document your work history, performance, and employment details. Learn what information employers keep, how long records are retained, your access rights, and privacy protections in 2026.
You applied for a mortgage. The bank asks for two years of W-2s. You call your old employer—they went out of business last year. Your tax records? Nowhere to be found.
Or worse: you’re laid off. You file for unemployment. The state asks for proof you worked there. Your employer “lost” your time records. Now you’re fighting to prove you even had a job.
Employee records are your employment paper trail—proof you worked, proof you were paid, proof of your performance, skills, and conduct. When kept properly, they protect both you and your employer. When handled carelessly, they can cost you opportunities, benefits, or legal protections.
Thousands of workers lose unemployment claims every year due to missing or inadequate employment records—most cases that could have been prevented with proper documentation.
Here’s what records employers must keep, how long they keep them, and why you should care.
What Are Employee Records?
Employee records are documents and data that an employer maintains about an employee throughout the employment relationship. These records include application materials, performance reviews, compensation information, attendance records, disciplinary actions, training history, and other employment-related documentation.
Employee records serve multiple purposes: they document the employment relationship, support business decisions, ensure compliance with employment laws, and provide evidence in disputes. Federal and state laws regulate what must be kept, how long records must be retained, and when employees can access them.
💡 Quick Answer
Employee records are all the documents and data your employer keeps about you—from your application and performance reviews to attendance, pay, and disciplinary records. Laws regulate what’s kept, how long, and your access rights.
🎯 Why You Should Care About Your Records
Your records prove:
- ✓ You worked there (unemployment, loans, background checks)
- ✓ What you earned (mortgages, child support, benefits)
- ✓ Your skills and performance (future jobs, promotions)
- ✓ When you were injured (workers’ comp claims)
- ✓ Whether discipline was fair (legal disputes)
Without proper records, you could lose:
- ✗ Unemployment benefits (can’t prove employment)
- ✗ Loan approvals (can’t verify income)
- ✗ Legal protections (no proof of discrimination/retaliation)
- ✗ Reference credibility (no documentation of achievements)
Why Do Employers Keep Employee Records?
Legal Compliance
Federal and state laws require employers to maintain specific records (payroll, tax forms, I-9 employment eligibility, workplace safety reports, etc.).
Business Operations
Records support payroll processing, benefits administration, scheduling, performance management, and workforce planning.
Performance Management
Documentation of goals, evaluations, training, and development helps track employee growth and inform promotion or compensation decisions.
Protection in Disputes
Detailed records protect both employers and employees in cases of disputes, discrimination claims, unemployment claims, or lawsuits.
Historical Reference
Records provide continuity when managers change, document institutional knowledge, and support decisions about rehire or references.
What Employee Records Must Be Kept?
📋 When You’ll Actually Need These Records
Life Event Records You’ll Need Why Buying a home W-2s, pay stubs (2 years) Prove income for mortgage Filing for unemployment Termination letter, pay records Prove eligibility and wages Workers’ comp claim Incident reports, medical records Prove injury was work-related Discrimination lawsuit Performance reviews, emails, discipline Prove pattern of treatment Background check (new job) Dates of employment, job titles Verify work history Loan/rental application Recent pay stubs, W-2s Verify current income Disability benefits Medical accommodation records Prove disability history Pension/retirement Employment dates, pay history Calculate benefits owed Pro tip: Keep your own copies. Don’t rely on employers to have them when you need them.
Employers maintain several types of records, each with specific retention requirements:
Core records:
- Personnel files (job applications, performance reviews, disciplinary actions)
- Payroll records (timesheets, wage rates, tax forms)
- I-9 forms (employment eligibility verification)
- Medical records (FMLA, ADA accommodations, workers’ comp)
- Benefits records (enrollment, beneficiary designations)
- EEO records (demographic data, discrimination complaints)
Each record type has different retention requirements under federal and state law.
How Long Do Employers Keep Employee Records?
Retention requirements vary by document type, federal law, state law, and company policy. Here are common minimums:
Federal Requirements
| Record Type | Minimum Retention |
|---|---|
| Payroll records (time cards, wage rates) | 3 years |
| I-9 forms | 3 years from hire OR 1 year after termination (whichever is later) |
| Employee benefit plans (401(k), health) | 6 years after plan termination |
| FMLA leave records | 3 years |
| OSHA injury/illness records | 5 years |
| EEO-1 reports | 1 year |
State Requirements
State laws may require longer retention periods. Here are examples of state-specific requirements (verify current requirements with legal counsel, as laws change):
| State | Payroll Records | Personnel Files | Special Requirements |
|---|---|---|---|
| California | 4 years | 3 years after termination | Wage statements: 3 years |
| New York | 6 years | 6 years after termination | Wage records: 6 years |
| Texas | 3 years (federal) | No specific requirement | Follow federal minimums |
| Florida | 3 years (federal) | No specific requirement | Follow federal minimums |
| Illinois | 5 years | 3 years after separation | Time records: 5 years |
| Pennsylvania | 3 years | No specific requirement | Follow federal minimums |
| Ohio | 3 years | 1 year after termination | Follow federal minimums |
| Georgia | 3 years (federal) | 3 years after termination | Follow federal minimums |
| Massachusetts | 3 years | 3 years after separation | Wage records: 3 years |
| Washington | 3 years | 3 years after termination | Payroll records: 3 years |
Note: These are general minimums based on commonly understood requirements. Many employers retain records longer (often 7 years or permanently for termination records) to protect against potential claims. Always consult legal counsel or your state labor department for current, specific requirements.
Company Policies
Many employers keep records longer than legally required for business reasons:
- Performance reviews and personnel records: Often retained permanently or for 7+ years
- Termination records: Often retained permanently to defend against future claims
- Applications (not hired): Typically 1–2 years
Can I Access My Employee Records?
State-by-State Variation
About half of U.S. states have laws granting employees the right to inspect or receive copies of their personnel files. Requirements vary by state:
States with access laws include: California, Connecticut, Illinois, Massachusetts, Michigan, Minnesota, Oregon, Pennsylvania, Washington, Wisconsin (among others).
What these laws typically allow:
- Current employees can request to review their personnel file
- Former employees may have access for a limited time after termination
- Employers must provide access within a reasonable time (often 7–30 days)
- Some states require employers to provide copies; others allow inspection only
Federal Law
There’s no general federal law requiring private employers to provide access to personnel files, but employees can access:
- Medical records: OSHA regulations give employees the right to access their medical and exposure records
- FMLA records: Employees can request records related to FMLA leave
What You May Not Be Able to Access
Some materials may be excluded from employee access:
- Reference letters or notes
- Investigation records involving other employees
- Confidential information about other employees
- Trade secrets or proprietary business information
How to Request Your Records
- Check your state law or company policy for the process
- Submit a written request to HR specifying what records you want to see
- Ask whether you can review the file in person, receive copies, or both
- Follow up if you don’t receive a response within the legally required timeframe
What Are My Privacy Rights?
Who Can Access My Records?
Authorized access typically includes:
- HR staff
- Your direct supervisor or manager
- Payroll and benefits administrators
- Legal or compliance staff (when necessary)
Unauthorized disclosure: Employers should not share your personnel records with unauthorized employees or third parties without your consent or a legal requirement.
Medical Information Is Protected
Under the ADA and HIPAA, medical information must be:
- Stored separately from general personnel files
- Kept confidential
- Accessed only by those with a legitimate business need
Background Checks and Credit Reports
If an employer uses a background check or credit report in hiring or employment decisions, the Fair Credit Reporting Act (FCRA) requires:
- Notice to the employee or applicant
- Written consent before obtaining the report
- Disclosure if the report led to an adverse action (like not hiring or termination)
Social Security Numbers
Many states have laws restricting how employers can use and display Social Security numbers to prevent identity theft.
What Should I Do If My Records Are Inaccurate?
Request Corrections
If you find incorrect information in your file:
- Notify HR in writing
- Provide documentation supporting the correction (e.g., corrected timesheets, updated certifications, pay rate authorization)
- Request that the record be updated
Add a Rebuttal Statement
If your employer won’t change a record you believe is inaccurate (such as a disciplinary action or performance review), you can:
- Request that your written rebuttal or explanation be added to the file alongside the disputed document
- This ensures your perspective is documented
Consult Legal Resources
If inaccurate records harm your employment or violate your rights, consider consulting:
- Your state labor department
- The Equal Employment Opportunity Commission (EEOC) if discrimination is involved
- An employment attorney
Best Practices for Employers: Managing Employee Records
Maintain Accurate and Complete Records
Ensure documentation is thorough, factual, and updated promptly.
Separate Confidential Files
Keep medical records, I-9 forms, and payroll records in separate, secure files.
Limit Access
Only authorized personnel should access employee records. Use secure physical or digital storage.
Follow Retention Requirements
Keep records for the legally required period; securely destroy records when retention periods expire.
Comply with State Access Laws
If your state requires employee access to personnel files, establish a clear process and timeline.
Ensure Data Security
Protect employee records from unauthorized access, especially for digital records. Comply with data privacy laws.
What’s the Bottom Line?
Employee records are the documents and data employers maintain about employees throughout the employment relationship, including application materials, performance reviews, pay records, attendance, disciplinary actions, and more.
Key points:
- Employers must keep certain records by law (payroll, I-9, EEO, benefits) for specific periods
- Medical and sensitive information must be stored separately and kept confidential
- Many states grant employees the right to access and review their personnel files
- You can request corrections or add rebuttals if records are inaccurate
- Records serve business, legal, and compliance purposes and protect both employers and employees
Understanding what’s in your employee records and your rights to access them helps you stay informed about your employment history and ensures accuracy.
Looking for tools to manage employee records, track time, and document performance? ShiftFlow’s digital timesheets maintain accurate records, time tracking documents hours worked, and reporting tools help you stay compliant while protecting privacy.
Sources
- U.S. Department of Labor – Record Keeping Requirements
- Society for Human Resource Management – HR Resources
- U.S. Equal Employment Opportunity Commission – Record Keeping Guidelines
Further Reading
- Personnel Files – What’s in your personnel file
- Employee Profile – Employee information systems
- Employee Write-Up – Understanding disciplinary documentation
Frequently Asked Questions
What are employee records?
Employee records are documents and data employers maintain about employees, including application materials, job descriptions, performance reviews, compensation info, attendance records, disciplinary actions, training records, and termination documents.
Can I see my employee records?
In many states, yes. State laws vary, but many require employers to allow current and former employees to inspect or receive copies of their personnel files upon request. Some states limit access to specific documents.
How long do employers keep employee records?
Retention requirements vary by document type and law. Federal law requires keeping payroll records for 3 years, I-9 forms for 3 years after hire or 1 year after termination, and discrimination-related records for 1 year. Some records are kept permanently.
Can my boss share my personnel file with other employees?
No. Personnel files should be kept confidential and accessed only by authorized staff (HR, direct supervisors, payroll). Sharing your file with unauthorized employees violates your privacy and may violate state or federal law.
What if my employee records contain errors?
Request a correction in writing and provide supporting documentation. If the employer refuses, ask that your written rebuttal be added to the file. Consult your state labor department or an attorney if the error harms you.
Do employee records include emails or text messages?
It depends. Work-related communications on company systems (email, messaging apps) may be retained as business records. Personal communications should not be included unless relevant to an investigation or legal matter.
What happens to my records when I leave a job?
Records are typically retained according to legal and company requirements. Payroll and I-9 records must be kept for specific periods. Personnel files are often kept for several years or permanently, especially termination records.
Can a prospective employer access my records from a previous job?
Not directly. They can only request information you’ve authorized (usually through a background check consent form) or ask for references. Most employers limit what they disclose to dates of employment and job title to reduce legal risk.
