News & Analysis as of

Personnel Records Hiring & Firing

Schwabe, Williamson & Wyatt PC

Washington Employment Law Updates

A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding...more

Jackson Lewis P.C.

Washington State Employment Law: Key Legislative Changes Effective July–September 2025

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Washington State continues to lead in progressive employment legislation with a number of new laws set to take effect in the coming months. These changes span a wide range of employment issues — from wage transparency and...more

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

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As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

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The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Littler

Latest Updates to Illinois Personnel Records Review Act

Littler on

The Illinois state legislature has once again amended the Personnel Records Review Act (the “Act”), imposing new obligations on employers navigating personnel record requests.  Effective January 1, 2025, HB 3763 requires...more

Weintraub Tobin

California Employment News: Understanding the Basics of Employee Personnel Files (Featured Podcast)

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Employee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling...more

Weintraub Tobin

California Employment News: Understanding the Basics of Employee Personnel Files (Featured)

Weintraub Tobin on

Employee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts Supreme Judicial Court Adds New Personnel Records Wrinkle to Public Policy Exception to Termination of At-Will...

A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees.  This decision, Meehan v. Med. Info....more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Holds That Terminating An Employee for Filing A Rebuttal to a Personnel Record Violates the...

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Seyfarth Synopsis: On December 17, 2021, the Massachusetts Supreme Judicial Court extended the public policy exception to at-will employment to the termination of an employee for filing a rebuttal to a personnel record. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Epstein Becker & Green

Massachusetts SJC Finds a Public Policy Exception to Employment At Will Under the State Personnel Records Law

Epstein Becker & Green on

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...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Mitratech Holdings, Inc

I-9 Retention & Purges - A Guide to Why They're Important

Mitratech Holdings, Inc on

As we’ve mentioned before, Form I-9, or Employment Eligibility Verification, is a crucial part of corporate compliance. While some organizations may choose to deliberately break the law in this regard, the unfortunate reality...more

Fox Rothschild LLP

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

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New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

Jackson Lewis P.C.

Ask A Litigator: What Should Be In An Employee’s Personnel File?

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Current and former employees have a right to inspect their personnel file at reasonable times. So, when a current or former employee intends to bring or has brought a claim against their employer, they will likely request a...more

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

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A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

FordHarrison

[Webinar] Immigration & Employment Issues Impacting IT Staffing Companies - August 1, 2:00pm ET

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The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more

Akerman LLP - HR Defense

Minimizing Exposure for Employee Termination Claims

Assessing whether to terminate an employee and how best to deliver the news are challenges every employer faces. Whether it’s a low-performing employee who shows no sign of improvement or an employee who egregiously violates...more

Seyfarth Shaw LLP

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

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Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

Polsinelli

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

Dentons

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

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Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more

McNees Wallace & Nurick LLC

Discharged Employee Not an “Employee” Under Personnel Files Act

The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

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