Does the general public or the news media have a right to see my personnel files?
No. Most personnel file information is confidential and may not be disclosed except under certain circumstances. However, each state agency (including WCU) must allow any member of the public to view the following information about employees upon demand.
- name
- age
- date of original employment or appointment
- current position and title
- current salary
- date and amount of most recent increase or decrease in salary
- date of most recent promotion, demotion, transfer, separation, or other change in position classification
- and the office to which the employee is currently assigned
Does anybody else have the right to look at my personnel records?
Yes. The law allows the following persons to examine a state employee's personnel files:
- anyone who has the consent of the employee
- the employee's supervisor
- a person with a court order
- federal or state officials where necessary to carry out a proper function, BUT NOT for the purpose of assisting in a criminal prosecution or tax Investigation
- and, anyone who the Chancellor authorizes when necessary to maintain the integrity or proper functioning of the University
Files containing personnel information often exist in several places on campus such as Human Resources, a dean's office and a department head's office. Do the above answers apply to all personnel information?
Yes. The protection provided by North Carolina law does not depend upon where the information is kept.
Is there any penalty for unauthorized disclosure of confidential personnel information?
Yes. Unlawful disclosure is a Class 3 misdemeanor.
Is there a penalty for falsifying information in the personnel file such as on an application for employment?
Yes. An employee who falsifies information in his or her personnel file can be disciplined up to and including dismissal. It may also be a criminal offense in some cases.