North Carolina Termination Release
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FAQ
Why Should an Employer Write a Letter of Termination? Termination letters serve two main purposes: they help employers keep records of termination decisions, and they provide employees the clarity they need to start the transition to the next stage of their career.
All Personnel Files and Training Records: 6 years from the end of employment. Redundancy Records: 6 years. Sickness Absence Records: A minimum of 3 months but potentially up to 6 years after employment ends.
Any employee who has worked at least 60 days and a former employee, within 60 days of termination, must be given a reasonable opportunity to inspect personnel records. Employees may view records during employer's normal business hours. Employers may charge only actual cost of providing access and copies.
A release is an agreement not to sue; it waives your right to sue and company and "releases" your employer from legal liability for claims you may have against it.
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.
Terminating is when one party declares the contract is at an end. Releasing the contract means both parties agree that it's over.
Records must be retained for a minimum of 5 years (13 NCAC 14B. 0610). Covered employers. All employers with minor employees under 18 years of age are subject to the recordkeeping requirements.
North Carolina follows an at-will employment doctrine. Employees can leave without providing two weeks' notice .
A release is a legal document that records an employee's agreement to relinquish their right to make any future claims against their employer relating to their employment or the termination of their employment. A release is essentially a contract between the terminated employee and the employer.
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.
