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Personnel Files Under Massachusetts Law

Massachusetts law requires employers to keep certain records relating to employees, and to provide them to the employee upon written request.

Many employers are unaware of this requirement, and learn of it for the first time when they receive an employee request.  Below is the basic information you need to know about the Massachusetts personnel file laws.

Unlike many other issues under Massachusetts employment laws, there is no right for an employee to sue an employer for failure to provide a personnel file on request.  It can be reported to the Attorney General's Office, who has the authority to enforce this requirement.  There are also situations where an employee may have a claim if they were fired or disciplined in retaliation for asserting their rights under the personnel record law.

What Employee Records Are Employers Required to Keep?

"Personnel record" is defined by statute as "a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action."

For employers of twenty or more people, the statute requires that you keep this file, including name, address, date of birth, job title and description, rate of pay and specifics of any other compensation paid, the starting date, job application materials, performance evaluations, disciplinary records, and copies of termination notices.

A good working definition for employers subject to this statute should include any documents that relate to the employee's hire, pay, and performance assessment.

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Personnel Files: Employee's Right to Notice

Another thing many employers are unaware of is that you must give your employee written notice within 10 days if you are placing anything in their file that has been or may be used to negatively affect their employment status.  The employee then has the right to add a written statement of their own to the file if they disagree with what has been placed there.

Personnel Files: Employee's Right to Review

Employees- including former employees- have a right to request either an in person review of their personnel file or a copy made for them.  Employers are required to provide such a copy within five business days of the written request.

There is no specific form required for this request- a simple email to a supervisor or Human Resource department will trigger the 5 day requirement.

Personnel File: Retaliation

The statute itself contains no anti-retaliation provision.  However, the Massachusetts Supreme Judicial Court has recently held that employee can bring a claim on public policy grounds if terminated in retaliation for availing themselves of any rights under the Personnel Record Statute.

That case involved an employee who submitted a written rebuttal, and alleged that the rebuttal was the sole reason for termination.  The court made clear that submitting a rebuttal would not insulate an employee from termination for the conduct that resulted in a personnel file entry in the first place.

It does, however, mean employers should use caution when terminating or disciplining an employee after a rebuttal has submitted, or even after an employee has requested a copy of their file, to be sure that there are reasons for the action independent from the personnel file interaction.

How to Respond to a Personnel File Request

If you receive a request for a copy of a personnel record from an employee or former employee, you may wand to consult with an employment lawyer.  First, to be sure that you are providing the right information and not violating any other employee's privacy rights in the process.

Second, because often the reason for the request is that the employee is considering legal action, especially if you receive a request from a recently terminated employee.  That does not change the information you are required by law to provide, but it may be a good time to get an assessment of the situation, and what exposure you may be facing, so that you can address anything that needs to be addressed.

How Our Employment Lawyers Can Help

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
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    • Massachusettts Unemployment FAQs
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  • Blog