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geergrinder
09-24-2007, 05:12 AM
Do I have the right to see my file? I know it's the employers discretion on whether I can copy or not but if I make a request to view it, do I have the legal right to?

mlane58
09-24-2007, 05:28 AM
Do I have the right to see my file? I know it's the employers discretion on whether I can copy or not but if I make a request to view it, do I have the legal right to?
I can't find anything under NC labor law that requires an employer to allow you access to your employment file, so unless the employer allows you to view or copy it, the employer isn't obligated by law to do so.

Betty3
09-24-2007, 11:16 PM
Employees & former employees in NC have a right to access personnel records indicating their exposure to toxic materials or harmful physical agents. (That's it). . . Unless you are a public employee, then you are entitled to examine your own personnel file, except reference letters & certain medical information.

cbg
09-24-2007, 11:21 PM
I'm reading it the opposite: Public employees have the right to examine their files except for reference letters and medical information; private employers have only the right to access the information regarding their exposure to toxic materials.

A private employer MAY allow more liberal access but is not required to.

complwyr
09-25-2007, 12:25 PM
IN NC, if you have a workers' comp case pending, you can obtain your entire employment file from your employer in the discovery process under Workers' Comp Rule 607. But I am not aware of any other way to get those materials, short of filing a lawsuit for some other reason and getting it in civil discovery.

cbg
09-25-2007, 12:30 PM
That's good to know, Bob; my summary does not include that exception. Thank you.

Betty3
09-25-2007, 05:47 PM
I'm reading it the opposite: Public employees have the right to examine their files except for reference letters and medical information; private employers have only the right to access the information regarding their exposure to toxic materials.

Isn't that what I said - I think it is.

cbg
09-25-2007, 09:59 PM
I may have misread your intent.

Betty3
09-25-2007, 11:11 PM
Okay. Betty :)

geergrinder
09-27-2007, 04:52 AM
Thanks for all the replies, fortunantly my HR manager is pretty easy going and allowed me accsess to my complete file and offered to copy anything I wanted. I don't know if she is doing this because she knows I have a very strong argument for an EEOC investigation or if she is just being nice :confused: I'm very grateful for this website, I have gotten a lot of very useful information....thanks again

Pattymd
09-27-2007, 05:25 AM
geergrinder, theoretically, that's probably the way it should be (IMHO). Regardless of whether the law in a particular state requires it or not, companies which prohibit viewing and copying of their own personnel file by the employee are often thought, rightly or wrongly, to have something to hide. :p

cbg
09-27-2007, 09:44 AM
I agree. That's one of the things that will change if some enlightened future president appoints me Labor Secretary - all employees will have the right to view their personnel files.

Most HR people I know feel the same way. Few of us think it a good idea to withhold information from employees.

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