MIT Policy and Massachusetts Law

MIT Policy and Massachusetts Law

MIT Personnel Policy 3.3: Performance Feedback, Performance Reviews, and Corrective Action

For MIT's policy on performance reviews, please see MIT Personnel Policy 3.3.

Human Resources Officers can provide more specific information on review procedures and guidelines.

Note: Service Staff should refer to their collective bargaining agreement for information on review policies and procedures.

Informing Employees about Documents in Personnel Records

The Massachusetts Personnel Records law requires employers to notify an employee within 10 days of any negative information placed in the employee's personnel file that "is, has been used, or may be used to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or disciplinary action." A copy of the employee's performance review should be placed in personnel file and the employee should be told this, even if the review does not contain anything negative. To show that the employee was informed of this, HR recommends that the employee sign the form. The performance review forms on this website include language to comply with this law.

Retaining Employee Records

Massachusetts law requires that all employee records be retained for three years after the employee leaves the employer. However, it is MIT practice to retain records – including performance review documents – for four years after the employee leaves MIT. The law considers MIT, not any particular department, to be the employer. Therefore, departments should continue to retain the personnel records for employees who have transferred to a different department within MIT. Records for employees who have left MIT may be destroyed after four years.