Employee Files

Bd of Ed · April 2001

Recently I was told that you should not have a copy of a employee's social security card or drivers license in a employees file? Is this correct?

Tricia · April 2001

Yes this is correct. If you did want to keep a copy of the employee's social security card & driver's license, it should be kept with his/her I-9 form. The I-9 forms should be kept separarte in either a file or a notebook.

WO · April 2001

This is news to me. Anyone know what the reasoning is behind this?

ysd · May 2001

The reason that you do not keep the ID's with the employee files is because it shows race, sex, age, etc. These things are not suppose to be reflected in the personnel file.

JodiL · May 2001

I would encourage you not to keep copies of any I9 documentation. You are not required to do so for the I9. If you do keep copies, as some companies do, you are just providing evidence for the INS to fine you if you made a clerical error on the form or if the card, after looking at it a second time, doesn't look kosher.

Mikki H · May 2001

That is what I just recently learned in a seminar. We were told to only "sight check" the identification. If we wanted to keep copies of that documentation, we could keep it in the employee's "confidential" file which is only availavle to HR Dept, Legal Dept, Upper Management (not employee or immediate supervisors). This is also separated from their "medical" file and the official "personnel" file. So, each employee has 3 files, which are further separated in different filing cabinet drawers. The I-9 are kept in a 2 separate binders, one for current employee and one for former employees. The thought behind all of this is to only provide to Immigration, or whomever, the set of information that they need and not expose any unnecessary documents.

It makes for a little duplication of records, but we feel that it is much cleaner on the exposure to liability side of things.

Cat · August 2001

I do not keep copies of I-9 documentation. If you do keep it, you must keep it for all employees not just some of them. If you chose to keep documentation, I would file it behind their I-9.

Rockie · August 2001

According to my legal source, there is nothing in the regulations that prohibit I9s from being kept in the personnel file, but most companies keep them separate, mostly because it would be easier to pull these if Immigration came in and asked for them. It's probably a good idea not to keep copies of the supporting documents, but again, most people just attach them to the back of the I9 form.

Employee Files

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