In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a performance improvement plan (“PIP”) to be included in the employee’s personnel file.
Background: The Massachusetts Personnel Records Law
The Massachusetts Personnel Records Law, M.G.L. c. 149, §52C (the “PR Law”), defines what must be included in a “personnel record” as well as other employer obligations and employee rights concerning personnel record access, challenges to content, and retention. For example, under the PR Law employees have the right, upon written request, to review their personnel records during normal business hours and/or to obtain a copy of their records.
Of importance in Meehan, an employee also has the right to challenge information contained in his or her personnel record. An employee may request that the information be removed or corrected. If the employer refuses the request, the PR Law gives the employee the right to submit a written statement explaining the employee’s position. In relevant part, the PR Law provides as follows:
An employer shall notify an employee within 10 days of the employer placing in the employee’s personnel record any information... that... negatively affect[s] the employee’s qualification for employment... or the possibility that the employee will be subject to disciplinary action.
If there is a...
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