Answer:
Yes, your former employee is entitled to a copy of her personnel file. Current and former employees are entitled to copies of their personnel record under Massachusetts law. Massachusetts General Laws Ch. 149, §52C requires that an employer provide an individual with a copy of their complete personnel file within 5 business days of receiving a written request for a copy of the file. The statute also outlines what constitutes a personnel file, which includes all of the following: “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.” Massachusetts General Laws Ch. 149, §52C.
Employers must retain personnel records for the duration of the employee’s employment and for three years following the separation of an employee. Employers must keep files longer if an employee has filed a lawsuit against the employer.
This question was answered by Amelia Holstrom, a Partner at Skoler, Abbott & Presser. Amelia can be reached at aholstrom@skoler-abbott.com