A new law strengthens the Massachusetts personnel file even more. Employers are required to notify workers within 10 days when any addition to their personnel record is made, if that addition could negatively impact the employee’s employment status, pay, salary increase, prospects for promotion, transfer or training, or if the information could result in disciplinary action.
In addition, the Massachusetts employee has the right to inspect his or her personnel file after receiving such notification. The law signed by Governor Deval Patrick was made retroactive to August 1, 2010. Although the new law limits the employee’s inspection of his or her personnel file to twice per calendar year, that limit excludes inspections triggered by notification that new negative material has been added. Employers must make the personnel file available to an employee within 5 business days after a written request by the employee.
The new law, called Chapter 240 of the Acts of 2010, section 148, raises more questions than it answers, according to attorneys with Ogletree Deakins.
For example, the law is not precise about what constitutes a “personnel record.” This raises a concern that even an informal email or casual note from one manager to another, which is not added to the official personnel file, could be considered an addition under the law and require notification.
The law is also not specific about whether the notification must be in writing, and whether the notification must include a copy of the negative document. Updates will be posted as more information is available, which may require judicial decisions.
The new Massachusetts personnel file law is enforced by the state Attorney General and violations carry a fine of $500 to $2,500. In addition, negative information may be excluded from any resulting lawsuit if the employee was not notified properly within 10 days. In some cases, this could result in terminated employees being reinstated, fines and penalties.
