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ID Theft and employee records new law

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  • ID Theft and employee records new law

    I was watching a show selling paper shreder and they said somthing about employers can't keep ex-employees records any more it was against the law.
    I have found one thing on the net about ID theft and employee records that
    goes into effect in June or July 1 2005. It was not very clear. Can anyone tell me where I can get a clear copy of this law.
    Thanks BBB

  • #2
    I was watching a show selling paper shreder and they said somthing about employers can't keep ex-employees records any more it was against the law. I don't know what show you were watching but that simply is untrue. Employers HAVE to keep ex-employee's records for at least some period of time because they are subject to audits by various government agencies. Additionally, certain types of worker's comp claims can be brought for up to 30 years after employment has ceased.

    An employer who destroys a former employee's employment records as soon as he or she leaves could find themelves in a world of hurt.

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    • #3
      What about the employee getting the records?

      I've always been told that when you leave you get the records yourself, they are yours by law, and I know of one person that did that. He would not leave till they handed him the records. Is this right.
      Thanks BBB

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      • #4
        No, that is not right. As Beth mentioned above an employer must have your employment records to satisfy federal employment laws.

        Off the top of my head it's for at least 7 years after the end of employment.

        There are some states that allow you to view your records and I believe copy files, but that isn't every location. Their is nothing in federal law that addresses this.

        One thing to note BBB, is that those hard copies of your employment records are quite safe in comparison with the electronic data out there. If you want to be paranoid that manilla folder under lock and key isn't worth losing sleep over.

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        • #5
          I've always been told that when you leave you get the records yourself, they are yours by law, and I know of one person that did that. He would not leave till they handed him the records. Is this right. Told by who? Your employment records are the property of the employer, not the employee. They are NOT yours by law.

          As Sockeye mentioned, in some State's the law allows an employee to obtain a copy of their personnel file but in NO State is an employer required to hand over the actual records. An employer would be absolutely stupid to do so.

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