What Should I Do if an Employee Requests Their Personnel File?

Many small business owners are unaware that Massachusetts law requires them to retain personnel records, and to provide a copy upon an employee's request, within five business days of the request.

This applies to employers of any size, but only businesses with 20 or more employees are required to maintain specific types of information.  This includes:

• The name, address, date of birth, job title and description
• Rate of pay and any other compensation paid to the employee
• Employment start date
• The job application of the employee, including resumes or other similar documents submitted in response to the employer’s advertisement for an open position
• All performance evaluations
• Evidence of substandard performance in the workplace, including written warnings
• Lists of probationary periods, waivers signed by the employee, copies of dated termination notices, and any other documents relating to disciplinary action of the employee

A recent decision of the Massachusetts Supreme Judicial Court has also held that it is unlawful to retaliate against an employee for exercising their rights under the personnel records law.

Learn more here about the Massachusetts personnel file law.

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