Connecticut Law has long required employers to allow a current or former employee to inspect his or her employee personnel file “within a reasonable time after receipt of a written request.” This law, however, was amended as of October 1, 2013, imposing considerable burdens upon employers throughout the state. Public Act 13-176, An Act Concerning Employee Access to Personnel Files specifies how quickly an employer must provide a current or former employee access to his or her personnel file, provides additional requirements for employers in connection with a disciplinary action or termination, and sets forth the penalties for violations of the Act.
The new requirements imposed by the Act on employers are summarized as follows:
CURRENT EMPLOYEES
An employer must allow a current employee to inspect his or her personnel file within seven (7) business days of a written request. Upon request, an employee is also entitled to copy his or her file.
FORMER EMPLOYEES
An employer must permit a former employee to inspect his or her personnel file within ten (10) business days of a written request, provided such request is made within one (1) year after the termination of employment. An inspection by a former employee must take place “at a location mutually agreed upon by the employer and former employee.” If a location cannot be agreed upon, the employer may satisfy its obligations by mailing a copy of the personnel file to the employee within ten (10) days of receipt of the written request.
WRITTEN DISCIPLINARY ACTIONS
An employer must provide a copy of any documentation of any disciplinary action imposed on that employee within one (1) business day after the action is taken. However, this requirement appears to relate only to written disciplinary actions and does not mandate that employers document all disciplinary actions.
TERMINATION
An employer must immediately provide an employee with a copy of any documented notice of the termination of the employee’s employment. Similar to disciplinary actions, an employer is not required to document a termination, but if it chooses to do so, the employer must provide such documentation to the former employee.
RIGHT TO SUBMIT REBUTTAL
An employer must provide an employee with notice, “in clear and conspicuous language,” that if the employee disagrees with any of the information contained in a documented disciplinary action or notice of termination, he or she may submit a written statement explaining his or her position. The statement thereafter becomes part of the personnel file and must be retained by the employer. In addition, the statement must be included in any disclosure of the personnel file to third parties, such as the Department of Labor (DOL) or Commission on Human Rights and Opportunities (CHRO).
PENALTIES
An employer may be penalized up to $500 for the first violation of the Act and up to $1,000 for each subsequent violation. The commissioner of the DOL has the discretion to consider all factors which the commissioner deems relevant in levying a penalty.
WHAT SHOULD EMPLOYERS DO?
Employers must become familiar with these new requirements and should review all company policies and employee handbooks to ensure compliance with the new provisions of the Act. For more information, please contact Daniel B. Fitzgerald (dfitzgerald@brodywilk.com).