Last week, the Supreme Judicial Court of Massachusetts (“SJC”) unanimously ruled that the state Personnel Records Law, M.G.L. c. 149, § 52C, provides for a public policy exception to employment at will. Writing on behalf of the full panel in Meehan v. Medical Information Technology, Inc., SJC-13117 (Dec. 17, 2021), Justice Kafker held that an employer cannot terminate an at-will employee for exercising his statutory right to file a rebuttal for inclusion in his personnel file, as doing so would constitute wrongful discharge in violation of public policy. This decision provides a significant addition to the list of narrow exceptions to the general rule of employment at will, and is sure to impact the way employers communicate and document personnel issues.
The Massachusetts Personnel Records Law, M. G. L. c. 149, § 52C, requires employers to inform employees within ten days of any information added to their personnel record that “negatively affect[s] the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.”
If there is a disagreement between the employer and employee about any information contained in the personnel record, they may agree to correct or remove such information. If an agreement cannot be reached, the employee may prepare a written statement to rebut the contested information. Such a rebuttal will remain a part of the employee...
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