The state Personnel Records Act, G.L.c. 149, §52C, provides that employees who disagree with any information placed in their personnel records may submit for the record a written statement explaining their position.
The SJC recently held that an at-will employee could bring a wrongful discharge claim in response to being fired after he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance improvement plan.
This recent decision expands the scope of the at-will doctrine by protecting employees from termination when engaging in statutory employment rights.
