(a) An employee, former employee, or applicant for employment who objects to material in the employee's file may place in his or her file a written statement relating to the material the employee considers to be inaccurate or misleading.
(b) An employee, former employee, or applicant for employment who objects to material in the employee's file because he or she considers it inaccurate or misleading may seek the removal of such material from the file in accordance with a grievance procedure approved by the State Human Resources Commission. If the agency determines that material in the employee's file is inaccurate or misleading, the agency shall remove or amend the inaccurate material to ensure that the file is accurate. Nothing in this subsection shall be construed to permit an employee to appeal the contents of a performance appraisal or written disciplinary action. (1975, c. 257, s. 1; c. 667, s. 2; 1977, c. 866, s. 11; 1985, c. 638; 2013-382, s. 7.4; 2014-115, s. 55.3(c).)
Notes of Decisions
Cited in
7
cases, 1990–2013 · leading case:
White v. Trew, 720 S.E.2d 713 (N.C. Ct. App. 2011).
White v. Trew, 720 S.E.2d 713 (N.C. Ct. App. 2011).
· cites it 14× “Second, defendant argues that this suit should be barred because plaintiff failed to fully exhaust the administrative remedy available to him under N.C. Gen. Stat. § 126-25 . Finally, defendant argues that plaintiff cannot prove a required ele *577 ment of his libel claim,…”
White v. Trew, 366 NC 360, 736 S.E.2d 166 (N.C. 2013).
· cites it 4× “As a result, on 14 November 2007, plaintiff filed a university grievance petition pursuant to section 126-25 of the North Carolina General Statutes, alleging that defendant had made “highly inaccurate and misleading” statements in the annual review and demanding that the review…”
Nailing v. UNC-CH, 451 S.E.2d 351 (N.C. Ct. App. 1995).
· cites it 7× “Subsequently, by the plain language of N.C. Gen. Stat. § 126-25 , we conclude that petitioner had the right to appeal the respondent’s action of not removing all the warnings from her file and the decision that another warning could be put in place of one that was removed to the…”
Poarch v. N.C. Dep't of Crime Control & Pub. Saf., 741 S.E.2d 315 (N.C. Ct. App. 2012).
· cites it 2× “Petitioner alleged that he was discharged without just cause, his discharge constituted disparate treatment, and false and misleading information was included in his personnel file in violation of N.C. Gen. Stat. § 126-25 (2003). A Contested Case Hearing began 19 March 2007 and…”
Trotter v. NC Dep't of Health & Human Servs., 659 S.E.2d 749 (N.C. Ct. App. 2008).
· cites it 2× “(2) Denial of the applicant's request for removal of allegedly inaccurate or misleading information from the personnel file as provided by G.S. 126-25. (3) Denial of equal opportunity for employment and compensation on account of the employee's age, sex, race, color, national…”
McAdams v. North Carolina Dep't of Transp., 716 S.E.2d 77 (N.C. Ct. App. 2011).
· cites it 2× “Judge Thigpen’s decision to this effect rested on Plaintiff’s failure to comply with the procedural requirements enunciated in N.C. Gen. Stat. §§ 126-25 and 126-38, which address a state employee’s ability to challenge the inclusion of inaccurate or misleading information in his…”
Batten v. N.C. Dep't of Corr., 389 S.E.2d 35 (1990).
“1(c) (“disciplinary actions”: false accusation of coercion of political help from fellow employee); N.C.G.S. § 126-25 (employee objection to inaccurate or misleading material in personnel file); N.”
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