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While no federal law specifies that employers must provide each employee with an up-to-date job description, it’s a serious mistake not to do so. Skipping this crucial step almost guarantees you will have at least one employee who is misclassified as exempt under the Fair Labor Standards Act when they should be paid on an hourly basis.

As we approach 2026, there’s a natural urge to start anew. For an HR professional, that may mean clearing out old personnel records. But before hitting Delete or firing up the shredder, consider your legal obligations. Here’s a quick rundown of which records can go and which you should retain.

Documentation can protect your decisions—or undermine them. The difference comes down to a few simple habits. Here’s how to document discipline in a way that holds up.

Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

Want to make sure discipline sticks? Then details matter. It’s far easier to defend a termination decision if you can show the court that you specifically pointed out the employee’s work problems and offered an opportunity to improve instead of simply terminating her.

Make it a standard practice to retain every written document concerning employee complaints. If an employee ends up suing you, he may try to embellish the facts—or worse.

HR teams are stuck juggling outdated systems, limited staffing and rising employee expectations, while employees are often left unclear on their options, timelines or pay. The fastest path to relief? Use technology to streamline leave from start to finish without losing the human touch.

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues. Judges hold no desire to become your organization’s HR department and appreciate it when employers have the documentation that backs up their decisions.

It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court. The path needs to be laid early, step by step.

Employees who file internal discrimination or whistleblowing claims are protected from retaliation for doing so. To prove retaliation, they must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions.