Q. A former employee has contacted our HR manager demanding a copy of her personnel file. Must we make this available?
A. No. Although many states have laws requiring some access by current and former employees to their personnel files, private employers in North Carolina are not obliged to do so.
To the extent that an employer voluntarily chooses to allow access, it is a good business practice to develop and maintain a written policy describing the extent and circumstances when it is allowed.
Employers should understand, however, that investigating government agencies (such as the U.S. Department of Labor, the EEOC and Immigration Control and Enforcement) have statutory rights to review personnel records in some cases.
Also, employers should always respect and carefully comply with properly issued and served subpoenas.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to Write Meeting Minutes
- Bill would bar credit checks for most jobs in New Jersey
- Paulsboro High settles suit with principal over searches
- State may let you force worker to foot the bill for your error
- In health care? Get ready for federal affirmative action scrutiny