QUESTION
Is it legal to ask them for copies of the employee files?
Asked on Oct 25th, 2012 on Labor and Employment - Oregon
6 ANSWERS
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
Under Oregon law, within 45 days after receipt of an employee's request, an employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, the personnel records of the employee that are used or have been used to determine the employee's qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. Within 45 days after receipt of the employee's request, the employer shall furnish a certified copy. ORS 652.750(2). Simply make a request, preferably in writing.
Answered on Oct 28th, 2012 at 3:31 AM
Yes. You must request it in writing (certified mail). They will let you look at but probably not copy.
Answered on Oct 28th, 2012 at 3:30 AM
Steven Lee Miller
you are absolutely allowed to "inspect"your file, but most firms will simply mail you a copy. I would suggest putting your request to HR in writing (email it o.k.), and that way there will be a paper trail. If they don't allow you to at least inspect, that is actually a serious violation which would entitle you to receive penalties.
Answered on Oct 27th, 2012 at 10:40 AM
Healthcare Law Attorney serving Sacramento, CA
at
Beach | Cowdrey | Owen, LLP
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Yes. You have a right to a complete copy of your own employee personnel file.
Answered on Oct 27th, 2012 at 10:40 AM
Kevin Elliott Parks
Yes, you can request a copy and your employer has 45 days to deliver one to you. They can, however, charge you for making a copy.
Answered on Oct 27th, 2012 at 10:39 AM
It is legal to ask. I suggest you do not "push your rights" until you are sure what are your rights. I do not know that you have a right to see your own file, much less obtain a copy.
Answered on Oct 27th, 2012 at 10:39 AM