“How long do employers have to retain personnel records to make them available to ex-employees in Massachusetts?”

Question: How long are employers required to have Human Resources records available so they can be examined by ex-employees? 

         Stockbridge, Massachusetts

Answer: Jen, if a Massachusetts employer has 20 or more employees, it is required to retain Human Resources records for a period of three years from that employee’s last date of employment.

Massachusetts “Personnel Records Statute,” (Massachusetts General Law Chapter 149, Section 52C), gives former employees, upon written request, the right to review their personnel records during normal business hours, or to make a copy to take home. This law also gives former employees in Massachusetts the right to request correction or removal of incorrect information. 

Massachusetts employers who do not comply with this law are eligible for criminal fines up to $2,500. While employees can sue for expungement of incorrect material, employees cannot sue for damages of any kind under this law.

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           Best, Al Sklover

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© 2010 Alan L. Sklover, All Rights Reserved.

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