When former employees ask to see their personnel files, show them this

Q         A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive?

Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to inspect their file, typically no more than twice per calendar year.

If an employee makes a written request for their file, the statute requires you to provide them access within five business days, either by providing copies or by allowing physical inspection. The materials for production include the following, which are included in the definition of personnel file under the statute: