Record Retention Guidelines

3/20/2026

Investigative files should be kept separate from the personnel files. Since it is not a personnel file, the investigative records are not included in regular HR related document destruction schedules. These files should also not be made available for employee review.

Investigative records may be kept in legal counsel's office or, if that is impracticable, within HR in a separate file cabinet with key access strictly restricted. Generally, not all HR people will have a need to see investigative files.

Electronic record retention practices should be reviewed with IT and legal counsel to ensure that evidence is being kept in accordance with any specific applicable legal guidelines and that appropriate privacy controls are in place.

This is important as some HR departments who have excellent paper recordkeeping processes, make the mistake of storing all electronic records on a massive HR drive which is accessible to many who don't need access to the investigative files.

Additionally, it may be difficult in a legal proceeding to defend that evidence is accurate, in the state in which the investigation occurred, and that the company had control over all the documents and evidence, if many people who (not the investigator or decision makers), had access to those files, records, and other evidence.