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Records Management Program <[log in to unmask]>
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From:
Larry Medina <[log in to unmask]>
Date:
Tue, 25 Jan 2011 13:15:55 -0500
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Records Management Program <[log in to unmask]>
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Here's how I understand the I-9 retention deal-i-o-

All of an employer’s current employees must have Forms I-9 on file. A
retention date can only be determined at the time an employee is terminated.
It is determined by calculating and comparing two dates. To calculate date
A, the employer should add three years to the hire date. To calculate date
B, the employer should add one year to the termination date. Whichever of
the two dates is later in time is the date until which that employee’s form
I-9 must remain in the employer’s employment eligibility verification files.


I was also intrigued by the comment that the original post said they use an
on-line vendor to manage their I-9 forms.  Here are the requirements for
managing I-9s in electronic systems:

You may complete or retain Form I-9 in an electronic generation or storage
system that includes:

1. Reasonable controls to ensure the integrity, accuracy, and reliability of
the electronic storage system;

2. Reasonable controls designed to prevent and detect the unauthorized or
accidental creation of, addition to, alteration of, deletion of, or
deterioration of an electronically completed or stored Form I-9, including
the electronic signature, if used;

3. An inspection and quality assurance program that regularly evaluates the
electronic generation or storage system, and includes periodic checks of
electronically stored Forms I-9, including the electronic signature, if used;

4. A retrieval system that includes an indexing system that permits searches
by any data element; and

5. The ability to reproduce legible paper copies.

I'd be a bit concerned that a Contracted Service Provider would be able to
ensure all of these requirements were met in the event of a power failure,
communications outage, or other weather or disaster related event.

With regard to the retention of a copy of a photo ID or Driver's License, if
it is 'required by Colorado" I'd find out what the retention requirement is
and how the State treats the handling of PII.  Also, if a DL or ID expires
and the employee gets a new one, are you required to make sure your copy is
current?

Larry
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