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Frequently Asked Questions: Employment Law

Is an employee entitled to a copy of their personnel file?

Yes.  M.G.L. c. 149, § 52C, states that an employee shall be given a copy of his or her personnel records within five business days of submission of a written request for such copy to their employer.

A personnel record is defined to include the following written information or documents: 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.

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