Oregon law requires employers to provide employees (and former employees) with a certified copy of their personnel records within 45 days of making a request. The law defines “personnel records” broadly, as records that were used to determine any of the following:
- qualification for employment
- promotion
- 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 usually keep it short and to the point, while informing the employer that the records are not just what is kept in a personnel file, but also records required under Oregon law regardless of where they are stored. Here is an example:
Dear Company,
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 name@domain.com or mail them to the following address:
Name
Address
City, State Zip
Sincerely,
Name
While most employers provide the records at no charge, employers are allowed to charge an amount reasonably required to recover the actual cost of locating and providing the records. Employers are only required to keep personnel records for 60 days from the end of employment, though most keep them for much longer.
Klein Munsinger is a law form focused on employment and civil rights matters in Oregon and Washington. You can contact us at connect@kleinmunsinger.com or 503.568.1078.