Oregon law requires employers to provide employees with a certified copy of their personnel records within 45 days of the employee making a request. The law also defines “personnel records” broadly, as records that are or were used to determine any of the following for the employee making the request:
- qualification for employment
- additional compensation
- employment termination
- other disciplinary action
Time and pay records must also be included. Personnel records do not include criminal records or confidential reports from previous employers.
When making a request for personnel records, we often keep it short and to the point, while making sure that the employer is aware that the records expand beyond what is kept in the personnel file to include the records required by Oregon law regardless of where they are stored. Here is an example:
I am requesting a copy of my personnel records pursuant to ORS 652.750. Within 45 days of the date of this request, please send me the contents of my personnel file as well as all records used to determine my qualification for employment, promotion, additional compensation, employment termination or any other disciplinary action, wherever such records may be stored. My time and pay records should also be included.
You can email me the personnel records at email@example.com or mail them to the following address:
City, State Zip
While many employers provide the records at no charge, employers are allowed to charge an employee an amount reasonably required to recover the actual cost of locating and providing the records. The law also only requires employers to keep personnel records for 60 days from the end of employment, though most employers keep them for considerably longer.
Klein Munsinger LLC is a law firm located in Portland, Oregon which focusses on employment law matters in Oregon and Washington. You can learn more about the firm here, or you can contact us at firstname.lastname@example.org or 503-410-4390.