Definitions

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  • As used in this chapter, unless the context clearly requires otherwise:
    • (1) “Employee” means any person currently employed, laid off with reemployment rights, or on leave of absence. The term “employee” shall not include applicants for employment, agents, contractors or any other person.

    • (2) “Employer” means any individual, person, partnership, association, corporation, and the Government of the Virgin Islands or any of its agencies, authorities, boards or commissions.

    • (3) “Personnel file” includes, if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records and performance evaluations. The term “personnel file” shall not include records of an employee relating to the investigation of a possible criminal offense, letters of reference, documents which are being developed or prepared for use in civil, criminal or grievance procedures, medical records or materials which are used by the employer to plan for future operations or information available to the employee under the Fair Credit Reporting Act, under 15 U.S.C. § 1618.


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