['I-9s']
['I-9s']
10/22/2024
...
After employment is terminated, I-9s must be retained for one year after termination or three years after the date of hire, whichever establishes a later date. For instance, if an employee quits after six months, the form must still be retained for a total of three years, not just one year after termination.
This also means that I-9s need to be retained for all current employees for one year after they leave the company, even if the employees have been with the company for many years. After the retention period ends, the forms may be destroyed.
For some people, those retention requirements make sense, but for others, they’re still confusing. Here’s another way to look at the same retention requirements:
- If the individual was employed for less than 2 years, you must keep the I-9 for a total of three years (this will always be longer than 1 year after termination).
- If the individual was employed for 2 or more years, you must keep it for an additional year after separation (this will always be longer than three years total).
Remember that the retention rule applies only to employees who are no longer employed by the company. Employers must have I-9s on file at all times for all current employees.
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