Although employers should maintain files on all employees, not every document related to the employee should be kept in the basic personnel file. A basic personnel file should include documents such as:

• Recruiting and screening documents.
• Job descriptions.
• Records relating to job offers, promotion, demotion, transfer, and layoff.
• Education and training records.
• Pay and compensation information.
• IRS W-4 Forms.
• Employment contracts.
• Handbook acknowledgement.
• Employee benefits.
• Letters of recognition.
• Disciplinary notices.
• Performance evaluations.
• Termination records.
• Emergency contacts.
• Attendance records.

Employers will create and must maintain other records, but these should be kept separate from the basic personnel file:

• Documents relating to disability.
• Veteran status records.
• Reference/background checks.
• Drug test results.
• Immigration (I-9) forms.
• Unsubstantiated complaints.
• Medical/insurance records.
• Child support/garnishments.
• Litigation documents.
• Workers’ compensation claims.
• Investigation records (although documents resulting from the investigation such as disciplinary action records are placed in the employee’s personnel file).
• Requests for employment/payroll verification.

It is also beneficial to maintain all I-9 Forms in a common and separate file so that they are easily accessible when needed.