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Best Business PracticesEmployment Law

To Keep, or Not to Keep: Deciding How Long to Retain Employee Records

By January 29, 2019July 27th, 2021No Comments

If your business has ever been sued for alleged violations of wage and hour laws, or if you’ve otherwise ever been a party to litigation involving discovery of any kind of employee records, then you know just how important it can be for most businesses to accurately create and maintain employee files.

In some circumstances, the kinds of records that should regularly be maintained in employee files can help employers establish or refute claims and/or defenses in the unfortunate event that they find themselves in a dispute with a state attorney general’s office, a federal regulator, or their current or former employees (or any combination of these parties). Such disputes can represent nightmare scenarios for the unprepared.

If your business’s records retention practices and policies keep you awake at night, then read the full article on the COSE website here to learn which laws apply to employee records and what records you should keep.

Learn more about record retention for businesses in our previously published article “How Long is Long Enough? Timelines for Business Recordkeeping.”

Max Julian is a partner at Gertsburg Licata in the litigation practice group.  He may be reached at (216) 573-6000 or at [email protected].

Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.

This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.

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