I’m sure your files are in tip-top order. I’m sure the cabinets all open and close without jamming, that there are color-coded labels, and you know exactly what’s where. I’m sure you know just what you have to keep in a personnel file, how long you have to keep it, and what needs to be kept separately. I’m sure about you. But just in case, I’m gonna leave this helpful link about personnel files right here. No judgment. I won’t even look at the click stats.
An amendment in the text of the new Massachusetts Economic Development Reorganization Law (which was signed into law by Governor Deval Patrick in early August) means things are going to get tougher for employers. Now you must alert your employees within 10 days of an addition to their personnel files that may negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or may subject the employee to disciplinary action.
Unfortunately, the law does not specify what type of notice is to be used to alert the employee of the addition, but our partners at Ogletree Deakins suggest employers provide written and dated notification, as it will serve as a record of the employer’s compliance with the new requirement.
Since the law is just over a month old, there is little history for us to learn from, so we suggest you enjoy a overview of the new law by reading the Ogletree Deaknins article, “Newly Signed Bill Significantly Changes Personnel Records Law” by clicking here.
Alan Sklover has worked as an attorney for a number of years and in his recent blog post “Want to see your HR file? Here’s how,” he outlines some scary stuff he’s seen in the courtroom when employers are required to show an employee’s personnel file. In the post, he discusses the types of things employees should be aware of that should not be included in the file. And he encourages employees to ask to see their HR files to make sure everything is in compliance with the law.
This article was not written for employers, but there is something we can learn from it. We know employees may start asking for this sort of thing and what they’re looking for. Reading an article like this reminds us to take the proper precautions so we don’t fall into a trap. Click here to read the post.
Are you sure your personnel files are in compliance? Don’t delay – find out today! Click here to find out!