Author: Michael A. Goldstein

As an attorney who practices employment law in both Massachusetts and the Federal system, it strikes me as odd, how few rights employees realize they actually have in the work place. Even more suppressing is the rights that terminated employees have which they are not aware. I make it a point to discuss with every potential client some basic rights and steps they should take, whether they retain my services or not, whether I take their case or not. Employees who were either terminated or simply quit should understand that they have a right to know everything their employers have said and written about them during their employment and even their application process.In Massachusetts, every employee has the right under Massachusetts General Laws, chapter 149, section 52C to receive a complete copy of the employee’s personal file. This file may contain information from their job application, every annual review, and any complaints against that employee.

Why is this so important? If you were terminated, or left as a result of conduct the employer took, you will want to seek unemployment benefits. Many times you are denied those benefits based on something the employer said to the government. You are also granted an automatic hearing if you are denied. In that hearing, you can question the veracity of those comments the employer made, if their were no documents in your personal file to cooperate the story. This is a form of discovery that you do not need a lawyer to request.

The state of Massachusetts takes this rule so seriously that if the employer does not send you your personnel file with in 5 days of receipt of your request, may result in a criminal prosecutions a fine of $500 - $2,500 dollars. More over, if an employer fails to comply with the request, they are going to face the attorney general, where the employee will not be footing the bill.