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  • NC personnel file law & forge warning letter

    I asked my employer about NC laws on personnel file, the answer is below

    126‑24. Confidential information in personnel files; access to such information.
    All other information contained in a personnel file is confidential and shall not be open for inspection and examination except to the following persons:
    (1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee;
    (2) The supervisor of the employee;
    (3) Members of the General Assembly who may inspect and examine personnel records under the authority of G.S. 120‑19;
    (4) A party by authority of a proper court order may inspect and examine a particular confidential portion of a State employee's personnel file; and
    (5) An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed by the department head of the employee whose record is to be inspected or, in the case of an applicant for employment or a former employee, by the department head of the agency in which the record is maintained as necessary and essential to the pursuance of a proper function of said agency; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation.
    Notwithstanding any other provision of this Chapter, any department head may, in his discretion, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to his department or whose personnel file is maintained in his department and the reasons therefor and may allow the personnel file of such person or any portion thereof to be inspected and examined by any person or corporation when such department head shall determine that the release of such information or the inspection and examination of such file or portion thereof is essential to maintaining the integrity of such department or to maintaining the level or quality of services provided by such department; provided that prior to releasing such information or making such file or portion thereof available as provided herein, such department head shall prepare a memorandum setting forth the circumstances which the department head deems to require such disclosure and the information to be disclosed. The memorandum shall be retained in the files of said department head and shall be a public record. (1975, c. 257, s. 1; 1977, c. 866, s. 10; 1977, 2nd Sess., c. 1207.)

    I don't quite understand this part of the GS, so can anyone other than my direct supervisor(unless they have a court order) view my personnel file?


    -----------------------------------------------------------------------------

    Today my employer gave me a second written warning in email. I have never received the first warning. All I was shown today is a print out of the first warning email, without any headings, which seems to me something from Microsoft word instead of Gmail(my guess is someone just copy&paste from an email template and changed the receiver to my email and print it oiut...).
    We use gmail for corp. email so the chance that a email gets lost is really tiny... I showed my employer my corp email and they accused me of deleting the warning email......

    Do they violate any law by forging the warning letter and accusing me of deleting the warning email? Civil or criminal?

    Thanks a lot.
    Last edited by realdreams; 10-05-2011, 06:59 PM.

  • #2
    "I don't quite understand this part of the GS, so can anyone other than my direct supervisor(unless they have a court order) view my personnel file?"


    Per your quote, (5) An official of an agency of the federal government, State government or any political subdivision thereof.
    This would most likely be in the case of an audit of some sort.

    "Do they violate any law by forging the warning letter and accusing me of deleting the warning email? Civil or criminal?"

    No. Neither. There is nothing in labor law that addresses this issue, as it is an employer/employee issue. Employers are free to act without absolute proof, as they are not a court of law.

    Unless you have a CBA or employment contract that says something to the contrary, this is true.

    Comment


    • #3
      Who it to say they forged the first letter?

      Also, unless you are working in the medical field, there is no real privacy protection (that I'm directly aware of) for your personnel file.

      You received a warning. Big deal. Don't break that rule again in the future. I think focusing on getting your job done (correctly) would be your desire, not a criminal investigation of what your employer is doing.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        Originally posted by CatBert View Post
        Who it to say they forged the first letter?

        Also, unless you are working in the medical field, there is no real privacy protection (that I'm directly aware of) for your personnel file.

        You received a warning. Big deal. Don't break that rule again in the future. I think focusing on getting your job done (correctly) would be your desire, not a criminal investigation of what your employer is doing.
        Big deal? Yeah... I was about to sue them for defamation... The 90% of accusements in the warning is not based on fact and the employer refused to drop the warning or even remove the defamation statements.... said it's not allowed by some state record keeping regulations... BS....

        Dude you totally missed the point... They forged the first warning, gave me the second one and then threatened me if I don't kiss the supervisor's ***, they will fire me in 2 weeks and write down bad stuff about me.... Guess what... I quit. I can find jobs get better paid everywhere.....

        What made me completely lost faith in them is that they told me it's not wasting my time as long as I am paid, even if I am paid with taxpayers money to do totally pointless things.... My former employer and me don't have the same value, so I quit....

        Comment


        • #5
          Originally posted by realdreams View Post
          Big deal? Yeah... I was about to sue them for defamation... The 90% of accusements in the warning is not based on fact and the employer refused to drop the warning or even remove the defamation statements.... said it's not allowed by some state record keeping regulations... BS....

          Dude you totally missed the point... They forged the first warning, gave me the second one and then threatened me if I don't kiss the supervisor's ***, they will fire me in 2 weeks and write down bad stuff about me.... Guess what... I quit. I can find jobs get better paid everywhere.....

          What made me completely lost faith in them is that they told me it's not wasting my time as long as I am paid, even if I am paid with taxpayers money to do totally pointless things.... My former employer and me don't have the same value, so I quit....
          Good luck with a defamation case. If you're lucky, they won't sue you for legal fees.

          BTW - If you're able to make so much more money elsewhere, why did you ever start there? Feeling charitable? LOL

          Good luck to you. You sound like a young guy in his 20's to me that is all knowing and is going to conquer the world someday.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            Is your employer the State of North Carolina? Because you are quoting a statute specific to state employees only.
            http://law.onecle.com/north-carolina...tem/index.html
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Originally posted by DAW View Post
              Is your employer the State of North Carolina? Because you are quoting a statute specific to state employees only.
              http://law.onecle.com/north-carolina...tem/index.html
              Yes. state funded institution

              Comment


              • #8
                http://en.wikipedia.org/wiki/Defamation

                I think you are confusing your employer with a court of law. Additionally, given the vagaries of the email and internet system it is quite likely they did send you a copy of the email. Whether you received it, it went to your spam or junk box, or you deleted it without reading it, or never received it are all possibilities.

                You are free, of course, to file any suit you wish about anything you wish. Most lawyers offer a free initial consultation, but I think you will find the only lawyers willing to take on your case would be those you are willing to pay up front and continue to pay throughout the procedure. I do not see where a warning in your personnel file is going to impact your life in a large enough way to take it to a court of law unless you have bottomless pockets and lots of extra time to waste.

                Frankly, your best recourse is to get back to work, do your job and be pleasant to your employer and fellow employees. If I were you and wanted to get another job I would certainly not want to burn my bridges. Leaving on good terms helps bridge over into another job.

                Comment


                • #9
                  Today my supervisor told me I was not a state employee in NC. I am not a full-time permanent career(an employee with 24 consecutive months of permanent service) employee.
                  HR said the Grievance Policy does not apply to temporary employees and at this moment there isn't such a thing for temporary... But they would like to help....

                  In the Grievance Policy, there are requirements for written warnings(written problems and expectation, notification, meeting) but the first one clearly didn't not meet any of these requirements.

                  I am not living on this part-time so I actually feel good to leave and spend my time on something else... I don't know what else I could say when the someone higher up in the department who listened to my complaints told me
                  1. We do not want people to be creative or try to find a better way to do the job, just do exactly whatever you are told, no questions, even if the assignment is incorrect or totally a waste of time....
                  2. As long as I was paid, my time was not wasted...(on those incorrect assignments that has to be redo or dropped because of incorrect instructions from the supervisor..)

                  I don't see any future in this kind of organization. If I have a choice, I will never work at this kind of place...

                  I know even if I successfully reverse all those BS, I would have to pay way more than what I get(just like you said, I don't really get anything)... I believe something is not right, and do not want it to happen again on my coworkers(I am not having problem with my coworkers)... Someone in my office had the same experience like me not far ago, now me, and then it's someone else's turn.... I want something to protect temporary employees' right, at least I want them think twice next time before they try to screw temporary employees in whatever way they want.....


                  Well back to laws,
                  Does Chapter 126 of NCGS apply to state temporary employees?

                  Thanks

                  Originally posted by lolcat View Post
                  http://en.wikipedia.org/wiki/Defamation

                  I think you are confusing your employer with a court of law. Additionally, given the vagaries of the email and internet system it is quite likely they did send you a copy of the email. Whether you received it, it went to your spam or junk box, or you deleted it without reading it, or never received it are all possibilities.

                  You are free, of course, to file any suit you wish about anything you wish. Most lawyers offer a free initial consultation, but I think you will find the only lawyers willing to take on your case would be those you are willing to pay up front and continue to pay throughout the procedure. I do not see where a warning in your personnel file is going to impact your life in a large enough way to take it to a court of law unless you have bottomless pockets and lots of extra time to waste.

                  Frankly, your best recourse is to get back to work, do your job and be pleasant to your employer and fellow employees. If I were you and wanted to get another job I would certainly not want to burn my bridges. Leaving on good terms helps bridge over into another job.


                  Originally posted by CatBert View Post
                  a young guy is going to conquer the world someday.
                  LOL true... Im trying
                  Last edited by realdreams; 10-06-2011, 05:00 PM.

                  Comment


                  • #10
                    "Well back to laws,
                    Does Chapter 126 of NCGS apply to state temporary employees?"

                    You'd need to read it to find out.

                    Frankly, per your post, you've got other work and are not interested in going further with this job. In that case, why bother pursuing this? Do you have that much extra time that you can waste it on a job you're not interested in?

                    Why not just get on with your other work?

                    Comment


                    • #11
                      Stuck on hold so I looked it up

                      126‑1.1. Career State employee defined.

                      For the purposes of this Chapter, unless the context clearly indicates otherwise, "career State employee" means a State employee or an employee of a local entity who is covered by this Chapter pursuant to G.S. 126‑5(a)(2) who:

                      (1) Is in a permanent position appointment; and

                      (2) Has been continuously employed by the State of North Carolina or a local entity as provided in G.S. 126‑5(a)(2) in a position subject to the State Personnel Act for the immediate 24 preceding months. (1995, c. 141, s. 1; 2007‑372, s. 1.)

                      If you have not been there 24 months and are not in a permanent position, the link you posted does not apply to you. It is very very common in any government position (local, state or federal) for there to be a probationary or temporary period during which you do not have the full career protections afforded those with tenure. If you signed some kind of contract, you will need to take that contract to a lawyer to review if you feel they are violating some term of said contract.

                      In general though, you can not sue for defamation for a warning notice as that information is not public. Even if it were, if your employer believes it to be true, then it is not defamation, just an incorrect belief. To have a defamation claim you would need to demonstrate that they knew the information was false and broadcast it anyway.

                      As for how you do your job, regardless of your position, you are to do your job the way your employer wants it to be performed. The employer hired you to do something in a particular manner and they can expect that you will comply. Unless you work for yourself, this is always going to be the case to some extent. Some employers are more open to change and taking different approaches but at the end of the day, they are the ones who are paying you to do what they want to be done.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                      Comment

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