The Do's and Don'ts of Records Retention and Destruction: Avoid Penalties and Fines

Employers have lots of information on their employees – from social security numbers to disciplinary records. It is impossible to keep everything indefinitely. Destroying documents too soon, however, will inevitably lead to serious consequences. When can you destroy documents safely and legally?

The process of organizing, saving, and destroying company records can be confusing even for a seasoned professional. Save too many files, and your company will pay unnecessary storage fees. Accidentally destroy certain information and you could be vulnerable to costly fines with the DOL or unprepared in the event of a lawsuit. Courts are increasingly issuing significant fines against companies that have destroyed documents that were relevant to the litigation. Sometimes court even enter default judgments in particularly egregious cases. How do you protect your company?

Learning Objectives:

• Controlling the creation, growth and accessibility of company records
• Reducing operating and storage costs
• Improving efficiency and productivity, as well as office appearance
• Guidelines for Policy Development
• Key elements of a policy
• Compliance with retention laws
• Careful and timely destruction of documents
• Required Records and Maintenance of Employee Files
• Employee records to be maintained in personnel files
• Documents related to complaints and investigations
• Federal tax and compensation records
• Employee retirement and welfare benefit plans

Session Highlights:

• Get the keys to solving record retention issues: what’s required by law?
• Learn how to determine a record’s retention and storage period
• Get tips for a strong electronic record retention program
• Understand how your retention obligations change for paper and electronic records
• Establish policies for electronic records: Email, IM, & Web content
• Understand what records should be kept when an employee leaves

Who Should Attend:

• Company owners
• Human resource professionals
• Record keeping personnel
• Office Manager

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

CEUs

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Credits: 1.5

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Credits: 1.5

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