New Jersey Personnel File Inspection Requirements for Companies
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The employer must keep the wage and hour records described above for a period of six years. The employer must keep the wage and hour records described above at the place of employment or in a central office in New Jersey.
The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.
Examples of these are letters, emails, diaries, photographs and daily planners. Personal records also include things like student identification cards and drivers' licenses. Dance cards, in which people kept a record of their dance partners at various social events, could be considered a type of personal record.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
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.
A personnel file is an employers' saved documentation of the history and status of the entire employment relationship with an individual employee. The employer maintains this employment documentation in a personnel file for three reasons.
The purpose of keeping an employee personnel file is twofold: to document what your company needs for its own purposes and to keep documentation as required by law.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Issues covered: Employee files should be retained for the duration of the contract of employment and for a period of 7 years post-termination thereafter.
Definition Employee Personnel Files are defined to include the application for employment, and records which are used or have been used to determine an employee's qualifications for promotion, compensation, termination, or disciplinary action.
