With the relentless drum beat of COVID, it is easy to neglect other workplace obligations. Not you of course–just other people. The Supreme Judicial Court of Massachusetts (SJC) just ruled against an employer who terminated an employee over a personnel file rebuttal. This case serves as a good reminder: personnel file laws matter. Here is a recent overview on the MA Personnel File law and how to comply that we prepared. It is not only Massachusetts that has this law: 20 states have laws addressing personnel files and public employers at the state and federal level have obligations as well.
How is this case instructive? The case demonstrates that personnel files and employee rebuttals can get heated and contentious. Employers must remember emotions may run high, but terminating an employee for entering a rebuttal in their personnel file (unless threats of violence or safety issues occur) is not allowed. As the SJC explained, employers are still free to terminate an employee for any reason or no reason at all, so long as the employer does not terminate the employee for filing the rebuttal itself.
What are employer’s obligations surrounding rebuttals? In Massachusetts, if the employee disagrees with a statement, report, document, or anything in their personnel file, they have a statutory right to file a rebuttal statement refuting anything in their personnel file. The employer is required by statute to include this rebuttal statement in the personnel file moving forward, including when they allow future employers or third parties access to the personnel file.
The Takeaway: Employee rebuttals are a statutory employment right that will be protected. Unless the rebuttal contains threats of physical violence or language rising to that, the employee cannot be terminated for cause.
The personnel file law in Massachusetts is a growing area of importance, and employees and courts are taking notice. Have no fear, we are here to help! We offer fixed fee services addressing employee personnel files–including an in-depth employee personnel file, employee confidentiality, and record retention audit service. We can help.