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Ask the Expert: When Can a Former Employee See Their Personnel Files?

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Question: A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive?

Answer: Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to inspect their file, typically no more than twice per calendar year.

If an employee makes a written request for their file, the statute requires you to provide them access within five business days, either by providing copies or by allowing physical inspection. The

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