Massachusetts Law About Personnel Files: What You Need to Know
Understanding Massachusetts Personnel File Laws: A Guide for EmployersUnder Massachusetts law, employers are obligated to maintain specific records related to their employees and furnish them upon written request. While many employers may not be aware of this requirement until they receive such a request, it's crucial to understand the basics of Massachusetts personnel file laws. Although Massachusetts employment laws don't grant employees the right to sue an employer for failing to provide their personnel file, they can report non-compliance to the Attorney General's Office, which has the authority to enforce this mandate. In some cases, employees may have grounds for a claim if they face retaliation, such as termination or disciplinary actions, for asserting their rights under the personnel record law.
What Employee Records Are Employers Required to Keep?The term "personnel record" is legally defined as any record maintained by an employer that identifies an employee and pertains to their qualifications for employment, promotion, transfer, compensation, or disciplinary action. For employers with twenty or more employees, the law mandates the retention of personnel files that include essential information like the employee's name, address, date of birth, job title, rate of pay, job application materials, performance evaluations, disciplinary records, and copies of termination notices. In essence, this should encompass all documents related to the employee's hiring, compensation, and performance assessment.
Personnel Files: Employee's Right to NoticeAn often overlooked requirement is that employers must provide written notice to an employee within ten days if any document that may negatively impact their employment status is added to their personnel file. The employee has the right to add their written statement to the file if they disagree with its contents.
Personnel Files: Employee's Right to ReviewEmployees, including former employees, have the right to request an in-person review of their personnel file or request a copy of it. Employers are obligated to provide the requested copy within five business days following a written request. This request can be made via a simple email to a supervisor or the Human Resources department.
Personnel File: RetaliationWhile the statute itself lacks an anti-retaliation provision, a Massachusetts Supreme Judicial Court ruling has established that employees can bring claims on public policy grounds if they are terminated in retaliation for exercising their rights under the Personnel Record Statute. For instance, if an employee submits a written rebuttal and claims that it led to their termination, they can pursue legal action. However, submitting a rebuttal does not protect an employee from termination for the underlying conduct that triggered the personnel file entry.
How to Respond to a Personnel File RequestWhen you receive a request for a personnel record copy from an employee or former employee, it is advisable to consult with an employment lawyer. This consultation serves two primary purposes: ensuring compliance with the law while safeguarding other employees' privacy rights and assessing potential legal implications, especially if the employee has recently been terminated. While you must provide the requested information by law, consulting an attorney can help you better understand the situation and assess any potential legal exposure.
|
We're Here to Help.OR
|
Questions About Employee Records or Documentation?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
Our experienced team can guide you through complying with Massachusetts personnel file laws, ensuring you meet your obligations as an employer while protecting your employees' rights. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
Emily Smith-Lee Rated by Super Lawyers loading ... |
Jenna Ordway
Rated by Super Lawyers loading ... |