Can I call my old employer and request my employee file or do I have get a subpeona?

UPDATED: Dec 29, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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