Hunton Employment & Labor Perspectives

The Massachusetts Personnel Records Law, M.G.L. chapter 149, § 52C gives employees the right to submit written rebuttals to any negative information contained in a personnel file if the employee truly disagrees with the content of the information. The written rebuttal then becomes a permanent feature of the employee’s personnel file. 

A recent decision out of the Pennsylvania courts is a caution to employers who are required to produce employee personnel information in responding to court or agency proceedings.  Jane Doe v. Wyoming Valley Health Care System, Inc., (PA Super., December 18, 2009) raised the issue of how much privacy employees can expect in the information provided to their employers and kept in their company personnel files.