What Should I do if an Employee Requests Their Personnel File?
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If you receive a written request from a current or former employee for their personnel file, there are a few things you should know.
First, Massachusetts law requires employers of twenty or more people to keep records of employment for all employees, and to provide a copy to the employee within five business days of a written request. Employees also have a right to be notified if negative information is being placed in their file, and to submit a written rebuttal. Second, a recent decision from the Massachusetts Supreme Judicial Court held that terminating an employee solely because of their exercise of rights under the Personnel Records Law could be unlawful retaliation. For all of these reasons, if you receive a request from an employee or former employee for their personnel file, it is a good idea to consult with an employment lawyer. Learn more here about the Massachusetts Personnel Records Law. |
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