Section 149:52 - Time books; violation of statute

1 Analyses of this statute by attorneys

  1. Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

    Proskauer - Law and the WorkplaceDecember 22, 2021

    The Court also stated that an employee may not be terminated solely for what is written in his rebuttal, assuming it is directed at explaining the employee’s position regarding a disagreement over his employment record, no matter how “intemperate and contentious” it may be (unless it includes physical threats or other “egregious” responses).This holding is based on the Massachusetts “right of rebuttal” in Mass. Gen. Laws Ann. ch. 149, § 52. According to this statute, an employer must notify an employee whenever the employer modifies or adds information to an employee’s personnel file that may negatively affect his employment circumstances. The employee then has a right to inspect his personnel file and to submit a written statement explaining his position on the modifications.