Employers must keep records for at least one year following separation in the United States according to the U.S. Equal Employment Opportunity Commission. Additionally, employers must maintain payroll records for up to three years.
According to the EEOC, these regulations apply to all employers under Federal anti-discrimination laws. In addition to keeping payroll records for three years, the Age Discrimination in Employment Act's recordkeeping requirements also expect employers to keep employee benefits plans, such as pensions and insurance plans, on file for one year. In Canada, the Ministry of Labour indicates that the Employment Standards Act of 2000 requires employers to keep all employee records for a minimum of three years.