Employee Records of a Termination and Rehire

[Skrewku08]

What is the name of your state (only U.S. law)? Alabama


We have an employee who was terminated for discipline issues and policy violations a few years ago. However, we rehired the employee back two years ago. No one knows what to do with the previous employment files. Do we just get rid of the ones we are allowed to by the time frame and start a new folder? Do we have to keep all the files from the previous employment and the new employment together? Thanks.

 

[Beth3]

Whenever I rehired an employee, I combined the two files into one so a comprehensive history of the employee's employment with the company existed in one location. You're not required to do that but I think it's a good practice.

 

[Skrewku08]

I guess my question was a bit cryptic. Can we get rid of the files we are allowed by law even though we have rehired the employee. Such as...termination files and discipline files from his previous period of employment. They are past the time frame of needing to keep them. Thanks kindly in advance.

 

[cbg]

If he had been working for you the entire time, would you be discarding the files now?

If so, then go ahead. If not, then I would very strongly advise that you retain them.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Alabama


We have an employee who was terminated for discipline issues and policy violations a few years ago. However, we rehired the employee back two years ago. No one knows what to do with the previous employment files. Do we just get rid of the ones we are allowed to by the time frame and start a new folder? Do we have to keep all the files from the previous employment and the new employment together? Thanks.

**A: keep all files unless your company attorney advises you otherwise.
If he was an illegal alien at the time of the first hire, then get rid of the evidence right away.

 

[eerelations]

Why do you specifically want to get rid of the disciplinary and dismissal records?

 

[HomeGuru]

Why do you specifically want to get rid of the disciplinary and dismissal records?

**A: to get rid of the bad stuff.