Employees Rights to Personnel Records
Today I spoke with a woman who is considering a severance package from her employer. While there were other issues involved, one of the questions she asked is, "Am I entitled to see my personnel file."
In Massachusetts, the answer is yes. Massachusetts employees have the right of access their personnel records when they make a written request to their employer. An employee generally has three options available to them concerning the materials contained in their record:
1. When an employee disagrees with information in their personnel file, then the information can be corrected or removed by employer.
2. If the information is not corrected or removed then the employee may write a statement and have the statement added to their file.
3. If an employee knows material in their file is false, then the employee may seek its removal through a collective bargaining agreement, other personnel procedures, or in judicial process to have the information expunged.
The law defines, "Personnel record" 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. A personnel record shall include a record in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as provided in this section. A personnel record shall not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person’s privacy. Without limiting the applicability or generality of the foregoing, all of the following written information or documents to the extent prepared by an employer of twenty or more employees regarding an employee shall be included in the personnel record for that employee: the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to his advertisement by the employee; all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee. A personnel record shall be maintained in typewritten or printed form or may be handwritten in indelible ink.
In addition to the requirements found in Chapter 149, Section 52C: "Personnel records; review by employee; corrections; penalty", an employee may obtain their employment records in lawsuits or other matters involving administrative agencies and employment matters.
