Employee files

[jrun3475]

What is the name of your state (only U.S. law)? North Carolina a right to work state. Is there not an obligation to an employee, if they are fired, that they have a right to their employee file and not hearsay through HR or any other source? Does the former employee not have a right to see the files they got fired for?

 

[cbg]

Bluntly, no. There is no such legal obligation under NC state law, or under Federal law.

BTW, right to work means that you do not have to join a union to get work. What you mean is employment at will.

 

[jrun3475]

So you can be fired for any reason and they can make any claims they want and they have no obligation to show anyone, or the employee themselves, the "proof" they claim they had to fire them?

 

[CourtClerk]

That's right...

 

[Betty]

NC -
Private sector - employees have no legal right to examine personnel files except for those medical records employees are entitled to have access to pursuant to state occupational safety and health regulations.
Public sector - State, county, and municipal employees have a statutory right to inspect their personnel files.

 

[cbg]

They are not a court of law. They do not need proof.

49 out of 50 states, including NC (and sometimes including the 50th state), are employment at will states. They can fire you because it's Thursday, because you wore a green shirt, because the Red Sox lost, because the manager had a fight with his wife, or because you ate the last jelly doughnut, and it would be legal. They cannot fire you for a reason specifically prohibited by law, but everything else is fair game. They are not required to give you a reason for the termination.

Although some states require an employer to allow an employee to see their personnel file, NC does not. NC is in the majority. Of the states that do allow it, not all allow the same access to former employees.

Now, with all that said, I do not necessarily agree with that just because it is legal, it is the right way to handle things. I believe that in most cases (there are occasional exceptions) it is preferable to tell an employee why they are being fired, and I believe that an employee should be allowed to see their personnel file. But just because I believe this is what the law should be, does not mean that the state of NC, or for that matter my own state on some of these issues, agrees with me. If your employer wants to fire you without telling you why and refuse you access to your personnel file, that is legal in NC and in quite a few other states.

Apply for unemployment. If they choose not to contest, they won't have to tell anyone anything. If they do choose to contest, they will have to give a reason to the UI office, and you will at least find out what reason they gave the UI office, if nothing more.

 

[jrun3475]

How about if now they claim you took things you did not, even while they stood in front of you and had the chance to say these things to your face so you would have a right to justify why you were taking them. In this case this was my belongings and had zero to do with the property. I should have grabbed it a long time ago and taken it but failed to do so. I'm still trying to get a job in this area and this industry is like a Soap Oprah where everyone knows everyone else and has worked in many other related companies and has gatherings with all these companies regularly.

I have filed for unemployment and HR has been wonderful, I have no qualms with them or the company but I need to be able to find a job so I can have a livelihood and have some earnings. The government doesn't need anymore free loaders as do any of the people of this country. I want to work but if I'm fighting already for income, food, housing and apparently now my reputation, what more do they want from me?

Thanks for the advice by the way and just for the record I'm not looking for legal action but if it comes to me being unemployed for a very long time or requiring that I move to another state to find employment because of slander I will do what I have to.

 

[cbg]

There ARE no, "how abouts". The law either grants you access or it does not. In your state it does not.

 

[jrun3475]

I'm asking how about that situation, not if they'll let me see my files because of that. Relax please. I'm not a lawyer and I came here for assistance. I'm asking if she can make claims that are untrue like that and spread them... I understand I have no right to see my personnel file and it's at their discretion if they would let me.

 

[eerelations]

Legally, employers may say anything they want about former employees, as long as what they say is true, or they have some reason to believe it's true.