What to Do with an Employee’s Records After an Involuntary Termination in Orlando
When an employee parts ways with your company, you’re often legally required to maintain copies of their employee paperwork for a set amount of time. How long you need to keep records can vary according to state and federal laws. Florida state law doesn’t specify a required time for retaining employee documentation.
However, it can be a big mistake for an Orlando employer to dispose of old records too quickly. Let’s look at why.
Why Keep Employee Records?
Any time an employee leaves your company, you should keep their records on file. This approach is a best practice in case the files are needed by the company or the employee in the future. In cases when a former employee was involuntarily terminated, keeping their records on file can protect the company from lawsuits and other expenses.
Whatever the reason for employee termination, your records will demonstrate the issues with the employee’s performance that led up to termination.
If a former employee believes you violated the terms of their contract, they can take you to civil court. An employee has up to six years to take this form of legal action against an employer.
If this happens, your employee records will be the primary evidence showing that termination was justified. Records can also protect you against any other claims a disgruntled former employee might make.
If you destroy the records prematurely, you destroy the proof that the termination was warranted. With no evidence, the employee has a good chance of winning a lawsuit against your company. Your company might also be subject to fines for failing to keep the documents on hand.
When Can I Destroy Old Records?
If an employee was involuntarily terminated or voluntarily left over a workplace issue or conflict, it’s best to keep records for seven years. If they later take legal action, this ensures you’ll have the documentation necessary for court.
Once the seven-year mark has passed, ensure all records are destroyed safely and securely. The best way to protect yourself from liability is to use a certified on-site shredding service.
Need an On-Site Shredder?
When it’s time to dispose of old records and data, it’s best to play it safe. Using a professional service protects you and your company from liability issues regarding the improper disposal of sensitive information.
For a secure on-site shredding service in Orlando, contact ShredQuick. Call or fill out an online form to discuss your business needs and receive a quote for a shredding service that protects your peace of mind and keeps your business data safe.
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