North Carolina Request to Review Personnel File
Description
How to fill out Request To Review Personnel File?
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FAQ
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.
A former employer can tell a potential employer anything as long as the information is factual and correct. Under federal law, there is nothing to prevent a former employer from saying whatever they care to tell about people who worked for them and left, even if under less than ideal circumstances.
An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
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.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.
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.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
