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Connecticut personnel files law requires employers to furnish additional documents to employees

Under newly enacted legislation (P.A. 13-176 (S.B. 910), L. 2013), effective October 1, 2013, Connecticut employers will be required to permit employees to inspect and, if requested, copy their personnel file not more than seven business days after receiving a written request from an employee. Former employees must be allowed to inspect and copy their personnel files within ten business days of a written request, and that written request must be made within one year of the end of their employment. Employers can satisfy this requirement by mailing a copy of the file to a former employee if the parties cannot agree on a location for the former employee to inspect the file. Current law only specifies that inspection be allowed “within a reasonable time.”

The law contains new requirements for employers to provide employees, within one business day, with copies of any documentation of any disciplinary actions. Employers must immediately provide an employee with a copy of any documented notice of termination. The law does not define “disciplinary action,” however, and does not appear to require employers to create such documentation.

Additionally, employers must include in any documented disciplinary action, notice of termination, or performance evaluation clear and conspicuous language stating that the employee may submit a written statement of his or her position if the employee disagrees with any information in such documentation. These employee statements are to be kept in the employee’s personnel file and included whenever the file is transmitted or disclosed to a third party.