Employment Law

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How does my personal file stay on record after a

How long does my...

How long does my personal file stay on record after a termination?

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Manager

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Tha'ts it

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6/2/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,350
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good evening,

EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.

Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.

Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment.

These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a complaint has been filed against the employer.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,350
Experience: Experienced in multiple areas of the law.
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RobertJDFL and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 2 months ago
I was terminated 8.5 years ago and just want to make sure I'm safe. It's not a really big deal but it bothers me

The employer may not have your personal records, but if a prospective employer were to call your old employer (doubtful given how many years have passed) and they remember you, they can tell the employer any truthful information they may have about you.

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Typically, a previous employer will only confirm dates of employment anyway (they're so afraid of saying anything potentially defamatory that they tend to be careful). But as I said, most prospective employers are going to only contact the most recent previous employer. They might ask why you left your other job(s) but often don't check.

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Customer reply replied 2 months ago
The company I worked for sold out to someone else.

So you were let go in the process? That's not a termination -you were laid off during a company restructuring. Termination is generally seen to mean you were fired.

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Customer reply replied 2 months ago
No, I was terminated way before then.

Even if it comes up in an interview (e.g., "Why did you leave ABC Company, they're really a company to work for") you could always say something like

"I was let go after XYZ (whatever your circumstances were). It's unfortunate - I recognize that I made mistakes that led to my separation from the company and deeply regret it, but I learned from it and have definitely grown professionally in the years since."

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Customer reply replied 2 months ago
I checked with the new company regarding my employment and the said they didn't have any information on me.
Customer reply replied 2 months ago
the people involved are long gone I have no numbers for them

So then it sounds like the old company did get rid of the records. 8 years is a long time, and if there are lots of employees especially, they're not going to hold onto paperwork longer than they legally need to.

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Customer reply replied 2 months ago
I appreciate all your help have a great weekend

It was my pleasure to be of assistance! I appreciate the opportunity. I definitely will have a good rest of the weekend, and you do the same.

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