Cameron Miranda
In Massachusetts, the law allows current and former employees to request a copy of their personnel file from their employer. The employer must respond within five business days of receiving a written request and provide either a paper copy or the opportunity to view the file at the place of employment. This applies to all employers in the state, regardless of company size, and includes both public and private employers. The law also requires employers with 20 or more employees to retain complete personnel records for three years after an employee leaves and to notify employees of any negative information added to their file. Employees may not have access to certain types of information, such as that relating to criminal investigations or which could identify confidential sources.
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What You'll Learn
How to request a personnel file
In Massachusetts, the law allows current and former employees to request and receive a copy of their personnel file. This applies to all employers in the state, regardless of company size.
To request a personnel file, an employee must submit a written request to their employer. This can be done by writing a letter or sending an email. The request should include the employee's name, address, and the date by which they would like to receive the file. The employer is required to respond within five business days of receiving the request.
"I am writing to request my personnel records from my employment with [ABC Company]. Please send a complete copy of my personnel record to my attention at [address] within five days of this letter as specified in M.G.L. c. 149, § 52C."
It is important to note that the employer is obligated to provide a paper copy of the personnel record and the opportunity to view the records at the place of employment during business hours. Employers are also required to maintain personnel records for former employees and cannot throw away or delete information from the file until three years after the employee leaves.
The personnel file must include specific information, such as the employee's name, address, date of birth, job title, rate of pay, job application, and any documents related to disciplinary action or termination.
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What is considered a personnel record
In Massachusetts, the law defines a personnel record in very broad terms. It is defined as "any 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."
Personnel records in Massachusetts include:
- Name, address, date of birth, job title, and description
- Rate of pay (i.e. salary or hourly rate) and any other compensation paid to the employee
- The job application of the employee, including resumes or other similar documents submitted in response to the employer’s advertisement for an open position
- 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
- All documents relating to performance, including evaluations, written warnings, information relating to disciplinary actions, and lists of probationary periods or waivers signed by the employee
The Massachusetts Personnel Records Law, G.L.c.149, section 52, places an affirmative obligation on employers with 20 or more employees to abide by the requirements of how to maintain employee personnel records. This law was amended in 2010 to impose a duty on employers to notify their employees whenever any negative information is added to their personnel record.
The Massachusetts personnel record law, M.G.L. chapter 149, § 52C, allows current and former employees to request and receive a copy of their personnel file, and to view their records at the place of employment during business hours. This applies to all employers, regardless of company size. Employers must respond within five business days of receiving a written request from an employee.
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Retention period for personnel files
In Massachusetts, the law states that both current and former employees have the right to request a copy of their personnel file from their employer. This applies to all employers, regardless of company size. According to the Massachusetts Wage Law, employers must respond to a written request from an employee within five business days. They must provide the employee with a paper copy of their personnel record and allow them to view their records at the place of employment during business hours.
Employers in Massachusetts are required to maintain personnel records for their employees, even after they leave the company. For companies with more than 20 employees, there are specific retention requirements. These employers cannot throw away or delete information from an employee's personnel file until three years after the employee's departure. Additionally, if there is a pending administrative or court case related to an employee, the employer must retain any relevant portions of the personnel file, even if it exceeds three years.
The information that must be included in the personnel file for employers with 20 or more employees is specified by law. This includes the employee's name, address, date of birth, job title, and description; rate of pay and any other compensation; the job application, including resumes or similar documents; and lists of probationary periods, waivers, termination notices, and disciplinary documents.
It's important to note that employees in Massachusetts have the right to privacy in their personnel files. Unauthorized access or use of data from an employee's personnel record is prohibited under MGL c. 93H. Employees can take legal action if they believe their privacy has been breached. This right to privacy extends to domestic workers in Massachusetts as well, as outlined in MGL c. 149, § 190(i).
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Employee privacy rights
In Massachusetts, the law affords employees certain privacy rights in the workplace. These rights are designed to protect employees from unreasonable invasions of their privacy and are outlined in various sections of the Massachusetts General Laws (MGL).
MGL Chapter 149
MGL c. 149, § 52C gives employees the right to inspect their personnel records. This means that both current and former employees can request a copy of their personnel file from their employer. The employer must respond within five business days of receiving the employee's written request and provide either a paper copy or an opportunity to view the records during business hours.
MGL Chapter 93H
MGL c. 93H addresses security breaches involving unauthorized access or use of data in any format. This law protects employees' personal information from being accessed or used without authorization.
MGL Chapter 214
MGL c. 214, § 1B establishes a general right to privacy for all individuals in Massachusetts, including employees. This law provides a legal basis for employees to protect their private information and prevent its unauthorized disclosure or misuse.
MGL Chapter 149, Section 190(i)
This section of the law specifically protects the right to privacy for domestic workers, ensuring that they, too, have privacy rights in the workplace.
MGL Chapter 272, Section 99 (Massachusetts Eavesdropping Act)
The Massachusetts Eavesdropping Act prohibits the unauthorized interception of wire and oral communications. This law ensures that employees' private conversations cannot be recorded or listened to without their consent, with certain exemptions, such as for business use of an intercommunication system.
Workplace Drug Testing
Massachusetts law also addresses employee privacy in the context of drug testing. While employers may have a valid interest in conducting drug tests, this must be weighed against the employee's right to privacy on a case-by-case basis.
Social Media Passwords
Massachusetts law also covers social media password requests by employers, recognising that employees have a right to privacy in their personal social media accounts.
In summary, Massachusetts law provides employees with a range of privacy rights, from access to their personnel records to protection of their personal information and communications. These laws aim to strike a balance between the interests of employers and the privacy expectations of employees.
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Employer obligations
In Massachusetts, the Personnel Records Law, M.G.L. c.149, section 52, outlines the obligations of employers regarding the maintenance and disclosure of employee personnel records. This law applies to all employers in the state, regardless of the company's size. Here are the key employer obligations under this law:
Maintenance of Personnel Records
Employers are obligated to maintain and retain complete personnel records for their employees. This includes keeping records without any deletions or expungement of information, except by mutual agreement between the employer and employee. The records must be retained for at least three years after an employee leaves their employment. However, if there is a pending administrative or court case, the employer must retain the relevant portions of the personnel file until the final disposition of the proceeding.
Disclosure of Negative Information
Employers have an affirmative duty to notify employees whenever negative information is added to their personnel records. This includes any information that may negatively affect an employee's employment qualifications, promotion, transfer, additional compensation, or disciplinary action.
Response to Employee Requests
Employers must respond to written requests from current or former employees for their personnel records within five business days. They must provide employees with a paper copy of their records and the opportunity to view their records during business hours. Employers are not required to grant access on more than two separate occasions in a calendar year.
Compliance with Information Requirements
For employers with 20 or more employees, there are specific information requirements for personnel files. These files must include:
- Name, address, date of birth, job title, and description
- Rate of pay and any other compensation
- Job application, resumes, and documents related to the open position
- Lists of probationary periods, waivers signed, termination notices, and disciplinary action documents
Compliance with the Law
Employers who fail to comply with the Personnel Records Law may face penalties. The law provides for a criminal penalty ranging from $500 to $2,500 for each violation. Employees can file a complaint with the Attorney General of Massachusetts, who enforces the law and imposes fines. While there is no civil monetary relief against employers, violations of the law can be included in larger claims for discrimination or harassment, demonstrating unlawful conduct and infringement of employee rights.
It is important for employers to understand their obligations under the Massachusetts Personnel Records Law and seek legal guidance if needed to ensure compliance and protect the rights of their employees.
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Frequently asked questions
In Massachusetts, both current and former employees can request and gain access to their personnel file.
You can write to your employer, requesting a copy of your personnel records. They are required to respond within five business days.
A personnel file includes information such as name, address, date of birth, job title, rate of pay, job applications, resumes, probationary periods, termination notices, and disciplinary action.
Employers in Massachusetts are required to keep personnel files for three years after an employee leaves.
Employers are required to notify employees within 10 days of adding any negative information to their personnel file. This includes information that may negatively impact their employment, promotion, transfer, or compensation.
