Effective October 1, 2013, when giving an employee any written performance review or disciplinary warning, or termination notice, Connecticut employer are required to advise employees of their right to submit a response to document, and have that statement made part of the employee’s personal file.
For many years, the Connecticut Personnel Files Act, Connecticut General Statute Section 31-128e(b) has allowed employees who disagree with any performance review, disciplinary notice or termination notice to submit a response that the employer is required to include in the employee’s personal file. In 2013, the statute was amended to require employers to include a statement in “clear and conspicuous” language informing an employee of this right. Therefore, if you give any employee a written performance review, warning, or notice of termination, you must include this notice. We would suggest the following:
If you disagree with any of the information contained in this document, you have the right under Connecticut law to submit a statement explaining your position regarding this document, which statement will be maintained as part of your personnel file.
For specific questions on how you as an employer can incorporate this required language into personnel file documents, please contact Attorney David Rintoul.