Connecticut General Statute §31-128e(b) requires employers include in any
- documented disciplinary action,
- notice of termination of employment or
- performance evaluation
a “statement in clear and conspicuous language” that informs the employee that he has the right to “submit a written statement explaining his position” should the employee disagree with any of the information contained therein.
This “rebuttal statement” must be kept in the employee’s personnel file and accompany the document that it is rebutting should that document be disclosed to any third party. In other words, the rebuttal statement essentially becomes a part of the the write-up, evaluation or notice of termination.
It is recommended that all Connecticut employers review the forms used for employee discipline, performance evaluation, and termination and verify that the required language is present. If it isn’t, be sure to add the required language.