Can I call my old employer and request my employee file or do I have get a subpeona?
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Can I call my old employer and request my employee file or do I have get a subpeona?
I need my employee file to dispute their claims that I was an unjust employee. This file includes evidence that would dispute their claims like monthly employee evaluations. I was not sure whether the employer could deny me access to them or not.
Asked on December 29, 2011 under Employment Labor Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you need an old employment file from a past job pertaining to yourself with respect to a current claim with another employer, you can request a copy of your personnel file from the former employer and if he or she is unwilling to provide a copy of it, your option is to serve a subpoena upon your former employer for this file.
You need to be aware that in order to have a subpoena issued there must be some legal filing in state court, federal court or some administrative proceeding.
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