Many clients contact us asking what should – and should not – be in a personnel file. Below is some guidance we hope you find helpful!
Personnel File:
- Recruiting and screening documents such as applications, resumes and educational transcripts
- Job Descriptions
- Records relating to job offers, promotion, demotion, transfer and layoffs
- Compensation information
- Education and training records
- Handbook, notice (such as PFML), and policy (such as sexual harassment) acknowledgments
- Confidentiality agreements
- Accommodations, rewards, letters of acknowledgment
- Warnings, disciplinary notices, performance improvement plans
- Performance Evaluations
- Termination notices (whether voluntary or involuntary, retirement notices)
Confidential File:
- Reference and Background Checks
- EEO information (such as self-identification of ethnicity, veteran status, etc.)
- Requests for Employment/payroll verification
- Workplace Investigations (any resulting disciplinary action are placed in the employee’s personnel file)
- Notes re: employment issues
- Child support documents, including garnishments
Immigration File:
- I-9 files
Confidential Medical File:
- Accommodation Requests
- Medical Documents
- Physician notes
Review of Personnel File:
Please note, upon written request, employees (both current and former) may review their own personnel records during normal business hours, and/or obtain a copy of their file. The file must be available and/or a copy provided to the employee within five days of the request, according to Massachusetts law.
In addition, upon review of the file, an employee may request that certain information be removed or corrected. If, upon review, the employer determines that the request should be denied, the employee may submit a written statement explaining the employee’s position, which must also be kept in the employee’s personnel file.