HELP? Terminated EE wants copy of personnel file

Karen in NC · November 2002

I have a terminated EE that wants copy of personnel file. Is there anything in NC law that requires ER to give terminated EE copy of file. File is ER property my thoughts. Thanks

Please help.

WOCO Frank · November 2002

I can't speak to NC law, but in most other states, you get to decide what they can see. And, no matter how accurate and well-maintained the file is, your ex-employee's attorney will find something that he can twist to make you look like the lowest form of life. IOW, keep it away from them.

System · November 2002

Seems like we've covered this topic before in depth, but I couldn't find the thread I was thinking of. This was the only related thread that I found, but maybe it will help:

"Employees Right to Review Personnel Records"
[url]http://www.hrhero.com/employersforum/DCForumID14/1440.html[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Gillian · November 2002

Yes, this has been covered. To summarize, at least from my memory, the responses were in two camps. One was that the files belonged to the employer and no one should get them because if they were let out of the building all sorts of dire things would happen to the employer. The other side was "why not?" because they can be subpoened anyway and if there is little in the file of any consequence that the review could diffuse potential litigation.

jeanj · November 2002

>I have a terminated EE that wants copy of personnel file. Is there
>anything in NC law that requires ER to give terminated EE copy of
>file. File is ER property my thoughts. Thanks
>
>Please help.

In Oregon the EE has the right to see his/her personnel file. They can make copies of anything in it (they can be charged for the copies). They can not remove anything from the file or leave the office with it. All medical and investion type papers are not part of their general file.

SMace · December 2002

In NC, ee does not have a right to copy files. This is not legal advice.

Stephen

HELP? Terminated EE wants copy of personnel file

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