Even though the law in Connecticut has been on the books for over 5 years, we still come across employers who forget to tell their employees they have the opportunity to respond to write-ups, performance evaluations and/or notices of termination. Not only must employees have the opportunity to respond, they must be advised in writing of this right. Employers, consider this article your reminder!
Conn. Gen. Stat. §31-128e(b) requires employers include a statement in clear and conspicuous language in any documented disciplinary action, performance evaluation or notice of termination that if the employee disagrees with any information contained in said documentation, the employee may submit a written statement explaining his or her position.
Any written statement the employee decides to submit must be kept in the employee’s personnel file with the document to which it corresponds, and must accompany any transmittal or disclosure from the personnel file to a third party. Basically, the written response from the employee becomes part of the write-up, evaluation or notice of termination. The same opportunity to respond in writing applies to anything else in the employee’s personnel file with which they disagree.
Employers, review the forms you use for employee discipline, evaluation and termination to ensure this required language is there. If it isn’t – add it! It is not enough that you orally tell the employee they can respond; the law takes it one step further and requires this specific language be present on the actual form you use.
Brody and Associates regularly advises management on complying with state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
