North Carolina Record of Separation from Employment
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How to fill out Record Of Separation From Employment?
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FAQ
Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without cause for no real reason or business reasons like downsizing, then your employer can't tell that or imply that you were fired for cause for serious misconduct, otherwise it would be defamation.
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.
North Carolina is an at-will employment state. No notice of termination is required absent a contractual obligation.
When an employee is terminated without prejudice, it means that he or she has been separated from the job for reasons other than his or her work performance, attitude, or behavior. Employees who are terminated without prejudice are eligible to be rehired by the company into the same role or a similar one.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
There are no federal laws restricting what information an employer can disclose about former employees.
A separated employee is one who leaves an employment situation for any reason, whether voluntary or involuntary. A terminated employee is involuntarily let go, usually because of poor performance or lack of work.
EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Under North Carolina law, an employer is immune from liability for communicating information about the job history or job performance of a current or former employee in response to a request from the current or former employee or a prospective employer (N.C. Gen. Stat. § 1-539.12).
Also referred to as a separation from employment, a termination can be voluntary (the employee's decision) or involuntary (the employer's decision).