North Carolina Personnel File Inspection Requirements for Companies

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Multi-State
Control #:
US-447EM
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This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

North Carolina is an OSHA-approved State Plan that covers both private and state and local government workers. With certain exceptions, the N.C. Department of Labor adopts federal OSHA standards verbatim.

The I-9 form (U.S. Employment Eligibility Verification form) must be completed in person within three days of the date you are hired. I-9 (transfers included):...New Employee DocumentsBenefits.Compensation.Safety.Training.

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).

What employee records should you maintain?Records of all employees for a period of one year after termination.All payroll records for three years.Any benefit plan, seniority plan or merit system for the full period that the plan or system is in effect and for at least one year after its termination.More items...

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.

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...

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.

The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.

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 should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.

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North Carolina Personnel File Inspection Requirements for Companies