Should my former employer have personal information on file 7 months after I resigned?

UPDATED: Aug 13, 2015

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Should my former employer have personal information on file 7 months after I resigned?

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Asked on August 13, 2015 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They are not required to ever destroy that information, though it is wise to do so at some point. However, given that you could bring an employment-related lawsuit for several years after your resignation (alleging discrimination, for example; or that you were not paid all the amounts you were due, or they sent you payment to the wrong account), it would be prudent for them to retain your full personnel file for several years, until all the applicable statutes of limitation have expired: that way, if you sued them, they would be more likely to have the information they need to refute your suit. That is likely to be at least three years. Of course, if they misuse the information, or negligently let somone not entitled to it see or obtain it, and that person then misuses it, they could be liable for your damages or losses; but if they are willing to take that chance, they are allowed to retain the information.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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