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

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

Like checking account information?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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