Personnel Records (M.G.L.c. 149, s. 52C)
- A "personnel record" is a record that is or has been used, or may affect or may be used relative to an employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.
- A current or former employee who makes a written request to review the employee's personnel records must be given an opportunity to review the records within 5 business days of the request during normal business hours at the place of employment.
- Similarly a current or former employe must be given a copy of the employee's personnel record with 5 business days of submission of a written request of a copy.
- An employer must notify an employee within 10 days of the employer placing in the employee's personnel record any information that negativiely affects the employee.
- An employer is not required to allow an employee to review the employee's personnel record on more than 2 separate occasions in a calendar year. However, the review caused by the placing of negative information in the employee's personnel record is not deemed to be one of these 2 annually permitted reviews.
- If the employee disagrees with any information in his/her personnel records, the employee may submit a written statement explaining the employee's disagreement, which statement shall become part of the employee's personnel record. The statement must be included when this information is transmitted to a third party as long as the original information is retained as part of the file.
- An employer of twenty or more employees must retain an employee's complete personnel record without deletions or expungement from the employee's date of employment to a date three years after the employee's termination of employment. In any cause of action brought by an employee against such employer in any administrative or judicial proceeding, the employer must retain any personnel record which is relevant to such action until its final disposition.
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