For information disclosed under this section the employer must contemporaneously provide the employee or former employee with a copy of the information disclosed and to whom it was disclosed by mailing this information to the employee or former employee. The prospective employer or employment agency shall not disclose written information received under this section without the written authorization of the employee. The protections of the law do not apply to an employee’s action involving an alleged violation of Minn. Stat. Chapter 363 (the Minnesota Human Rights Act) nor does the law diminish or impair the rights of a person under a collective bargaining agreement. Access to Personnel Records Relating to Employee Assistance Programs When employees avail themselves of an employer’s employee assistance program, Minn. Stat. § 181.980 governs what must be done with the resulting records. An employee assistance provider must give, upon written request of a person who has received such services (or the parent or guardian of a minor person who has received such services), that person an opportunity to review and obtain copies of that person’s employee assistance records. No fee may be charged for copies of records, and the employee assistance provider must comply with such a request no later than seven working days after receipt of such request, if the records are located in Minnesota, or fourteen working days if the records are elsewhere. Also, that statute mandates that such records “must be maintained separate from personnel records and must not become part of an employee’s personnel file.” The statute also prohibits disclosure of such records, or the fact of the participation in such a program, to a third person, including the employer or its representative, absent the prior written authorization of the person receiving the services, or his or her legal representative. There are some exceptions to that prohibition. The statute also provides that its rights and obligations “are in addition to rights or obligations created under a contract or other law governing access to records.” Finally, the statute provides that “[i]n addition to other remedies provided by law, the recipient of employee assistance services may bring a civil action to compel compliance with this section and to recover damages, plus costs and reasonable attorney fees.” Indemnification of Employees Minnesota employers are required by state statute to indemnify their employees for civil damages, fines and penalties arising out of their employment. To receive indemnification, employees must have acted within the scope of their duties and not have engaged in intentional misconduct, willful neglect of duty, or bad faith. Exceptions apply when another law or private agreement provides for indemnification.
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