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Negative reports in my employee file

Submitted by Walkman on Sat, 01/01/2011 - 13:42

I recently had an argument with my supervisor about a job he asked me to do and things got a little heated. I later learned from another party, not my boss, that the guy put a negative report in my employee file about the incident and saying I didn't do the job he asked me to do properly. I thought that I had to get notified if someone put something in my file like that. So if that that's true can I sue my boss or my employer over this and collect damages? I'm probably leaving the job anyway.

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Employee files

Submitted by The Editor on Sat, 01/01/2011 - 15:48.

In August of 2010 Massachusetts General Laws Chapter 149, Section 52C (Massachusetts' personnel records law) was amended to require employers to notify employees within ten days of  "placing in the employee's personnel record any information to the extent that the information is, has been used or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action."

So, yes, it sounds like you should have been notified.  However, there is no private right of action for employees to sue employers who fail to abide by the notification requirement.  Rater, the Attorney General's office is charged with enforcing the personnel records law and may levy fines of $500 to $2,500.  Depending on what happened with your supervisor and what, exactly, was placed in your file, you might want to contact a Massachusetts employment law attorney.  She might be able to negotiate with the employer and convince it to remove the offending report from your file (if that is something that interests you). 

 

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