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  • Employee access to Private Information on Self?

    I recently quit a job because of an interpersonal conflict with my manager. It was a commission only contract.

    At one point he threatened me by saying that he kept a secret file on me documenting alleged misconduct such as "sexual harrassment" and that other coworkers didn't like me. (Oddly, the revelation of this secret file was somehow to pressure me into not quitting). It is very unlikely that the secret file exists and all of his allegations were lies.

    This manager is out there and I am very glad to quit.

    What are the legal ramifications of his actions? (I am male and not a minority -so harrassment is out). Can I get access to any or all files kept by the company or this individual under the law?

  • #2
    Under MA law, you are entitled to see and to make a copy of anything in your personnel file and to insert a rebuttal of anything with which you do not agree.

    However, I'm curious as to how you intend to see a file that you yourself say most likely does not exist.

    (BTW, even if he was telling the exact truth, he violated no state or Federal laws.)
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg

      However, I'm curious as to how you intend to see a file that you yourself say most likely does not exist.
      Have you ever played poker? Whether he's bluffing or not I need to see the hand. Secondly, there are things in my file that I do need. So requesting all of my files would be in my best interest.

      How does one request a copy of their personell files?

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      • #4
        You pick up the phone, call HR, and say, "I'd like to make an appointment to view my personnel file, please".
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          There is no HR. At least not in MA.

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          • #6
            Then you call whoever has charge of the files.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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