Can my job refuse me my personal file after I have been fired if I signed something about it when I was hired2 years ago?

I was recently fired for not coming to work after a manager told me I didn’t work for a week. The manager denies saying this and after a long argument I ask for my personal file. They refused to give it to me stating it was company property and I signed the rights away to it 2 years ago when I was hired. Can they do that?

Asked on December 2, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It actually doesn't matter if you "signed the rights away" to the file previously, since even in the absence of that, the company would not be required to give it to you. They are right; the file is company property, not your property, and they are under no obligation to provide it to you unless there was a contract (e.g. employmen or severance agreement) specifically requiring them to do so.


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