The Hayber Law Firm, LLC
CAN THEY DO THAT?

221 Main Street                                                                 MARCH 21, 2008

Hartford, CT 06106                                                                 VOLUME ONE

Greetings!
 
     This electronic magazine or "e-zine" is a service provided by the Hayber Law Firm, LLC. It is called "Can they do that?" We are asked this question frequently by employees who call asking about their rights. Our purpose is to educate you in the law of employee rights in Connecticut. We hope you find this information helpful.
                              Question of the week:

Can my employer deny me access to my personnel file?

              Not in Connecticut.  Connecticut's Personnel Files Act (C.G.S. Section 31-128a-j), defines what a personnel file is, what an employee's rights are and what an employer may not do. 

            Generally, a personnel file includes those documents on which employers base employment decisions about that employee.  Obvious examples would include performance reviews or disciplinary notices.  Less obvious examples would include notes from an investigation of that employee. 

 

            Employees have a right to inspect and obtain copies of their personnel file.  All you need to do is make a written request.  Employers are allowed to charge you a reasonable rate for copying.  Employers may not release a personnel file without the written consent of the employee. 

 

            Employees are also allowed to write an "explanatory statement" if he or she disagrees with any of the information contained in the file.  Usually, you should request that the information be changed, corrected or removed first.  If no agreement is reached, you can write an "explanatory statement" and that statement must be maintained with your file and accompany any transmittal or disclosure made to a third party. 

 

            If you believe that a performance review or other written disciplinary memo contains false or defamatory information, you should ask that it be removed, or changed, and if your employer refuses, you have the right to submit an explanatory statement.

 

           Contact the Hayber Law Firm, LLC for more information or to submit a question.

 

Richard Hayber
The Hayber Law Firm, LLC
 
Disclaimer

The materials in this Web site are provided for informational purposes only and do not constitute legal advice.  This Web site is not intended to create an attorney-client relationship between you and The Hayber Law Firm and you should not act or rely on any information in the site without seeking the advice of an attorney.