Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Unfortunately, North Carolina law does not entitle employees or former employees to copies of their personnel file except insofar as documents may relate to the employee's exposure of toxic substances. There is a limited exception to the general rule for that purpose.
Otherwise, the only way to get a copy of one's personnel file is to file a lawsuit and then request the personnel file through the discovery process in litigation under the subpoena power of the court. The problem is that termination
for "unfounded reasons" is not necessarily illegal and, thus, that there may be no basis for a lawsuit in the first place.
This is because employment in the state of NC is "at will
" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination
on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation
for engaging in certain forms of legally protected conduct (filing a wage
claim, taking FMLA
leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.
So, if you could prove that you were terminated because of a medical disability (you mention unexcused absences for which you had doctor's notes as a reason for why you were let go), or because of your race or religion, you might have a basis for legal action. But otherwise, regardless of how unfair or unfounded your employer's decision, you would have no recourse because employment in NC is by default "at will."
I hope that you find this information helpful. Please do not hesitate
to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.