Personnel Record Requests in Massachusetts

Massachusetts employment lawyers at Morse, Barnes-Brown & Pendleton, Waltham, MA, have published an informative article addressing terminated employees access to their personnel files seeking possible claims. The article is featured in the firm's Employment Law Advisor newsletter: Responding to Personnel Record Requests in Massachusetts. A brief introductory excerpt is included here:

"As layoffs continue throughout the country, many terminated employees are asking to review their personnel files, sometimes to assess whether they may have legal claims. In Massachusetts the Personnel Records Statute, M.G.L. c. 149, §52C..., sets out what must be included in a "personnel record" as well as various employer obligations and employee rights concerning personnel record access, challenges and retention. This [article] addresses the Statute’s requirements and implications for employers."

Terminations: Obligation to Pay Final Wages Upon Termination in Massachusetts

The current economic downturn has resulted in a staggering number of employment terminations, or layoffs. Yet, despite the volume of terminations, some employers in Massachusetts remain unaware of the termination pay requirements contained in the Massachusetts Payment of Wages Act, M.G.L. c. 149, §148. Given that wage claims are on the rise and penalties for non-compliance can be substantial, including mandatory triple damages, employers should understand their obligations under the Act. Read what Massachusetts employment lawyers at Morse, Barnes-Brown & Pendleton have to say on the subject: Download their Employment Law Advisor newsletter by clicking on: Final Wages Massachusetts.

In Down Economy, Bone Up on Separation Agreements

With the economy in a slow down, and employee terminations looming, a timely article for employers and HR professionals is offered by Massachusetts employment lawyer Robert Shea. In Reducing Staff in a Down Economy: Handling Terminations and Using Separation Agreements, Shea writes:

Despite the general rule that the employment relationship is “at-will” and can be terminated at any time, with or without notice, reason or cause, there are many exceptions to the at-will rule, making each termination open to potential legal challenge. Moreover, when the job market is difficult and terminated employees have a hard time finding work, they are more likely to pursue litigation against their former employer. In our practice, we are witnessing first-hand both the increase in terminations and the corresponding increase in lawsuits by terminated employees.

Read the article for more information on handling terminations, using separation agreements, and steps employers can take to reduce the risk of legal claims and liability in a challenging economic environment.