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Ask D.WINOGO ESQ. Your Own Question
D.WINOGO ESQ., Arbitrator
Category: Employment Law
Satisfied Customers: 4714
Experience:  10+ yrs in civil and commerial litigation
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How do you contest a termination, based on unsubstantiated

Resolved Question:

How do you contest a termination, based on unsubstantiated accusations, with no prior counselings and the employer is claiming that they do not have to provide copies of all personnel paperwork?
Submitted: 7 years ago.
Category: Employment Law
Expert:  D.WINOGO ESQ. replied 7 years ago.
In what state are you located?
Customer: replied 7 years ago.
North Carolina
Expert:  D.WINOGO ESQ. replied 7 years ago.

Thank you for the additional information.

Unfortunately, in your scenario, unless you have an employment contract with a specific term length, you are considered an "at will" employee. There are not too many protections to at will employees provided by North Carolina. No prior warnings need be given by the employer, and the employer has the right to terminate any employee "at will".

That being stated, your strongest basis for a wrongful termination lawsuit would be premised upon a claim of discrimination practiced by your ex-employer. You would need to demonstrate a pattern and practice of discrimination against you based on you age, sex, gender, race or ethnicity.

With regards ***** ***** right to review your personnel files, North Carolina General Statutes Section 126-24 permits the employee to review certain information contained in his or her confidential personnel files. Here is the relevant portion of the law:

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;

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