• Documented acts of violence, theft, harassment, or illegal conduct that resulted in discipline or resignation, plus any written employee response, if included in the personnel file. Disclosures of serious misconduct must be in writing, with a copy mailed to the employee’s last known address at the same time. If the employee gives written authorization, immunity also covers written disclosure of: • Performance evaluations and any written responses. • Disciplinary warnings/actions in the preceding five years and any written responses. • Written reasons for separation. For these disclosures, the employer must simultaneously mail a copy of the information and recipient list to the employee or former employee. The receiving employer or agency may not further disclose the information without the employee’s written consent. The statute does not shield employers from liability under the Minnesota Human Rights Act or override collective bargaining rights. Employee assistance records (Minn. Stat. § 181.980) Records from employer sponsored employee assistance programs (EAPs) are subject to special protections: • On written request, an EAP provider must allow the employee (or a parent/guardian of a minor) to review and obtain copies of EAP records within seven working days (if in Minnesota) or 14 days (if elsewhere), at no charge. • EAP records must be kept separate from personnel files and may not become part of the personnel record. • EAP records, and even the fact that an employee used the program, may not be disclosed to third parties—including the employer—without the employee’s written authorization, subject to narrow statutory exceptions. • Employees may bring a civil action to compel compliance and recover damages, costs, and reasonable attorney fees. These protections are in addition to any confidentiality and access rights under contracts or other laws. Indemnification of employees Minnesota employers must indemnify employees for civil damages, fines, and penalties arising out of acts or omissions within the scope of their employment, provided the employee did not engage in intentional misconduct, willful neglect of duty, or bad faith. Other statutes or private agreements may provide additional or different indemnification rules in specific contexts (for example, public entities or directors and officers).
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