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What should be kept in an employee's personnel record? I heard that there is a new law that states no information should be kept in the file if it will prevent the employee from obtaining another position. Is this true?

Editor's Response

That wouldn't make much sense.  Massachusetts General Laws Chapter 149, Section 52C requires employers to keep records, defined 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."  We can argue over what that means, but the definition would certainly include evaluation documents, written warnings, disciplinary actions, etc.  None of those things will necessarily shine a flattering light on the employee, but must be contained in her employee records.  For more information, visit our Massachusetts Employment Law Discussion Forum.

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