It’s all in the records.

Like so much of our modern lives, our work lives are often controlled by records, be they paper or electronic. Just about every employer will have a personnel file for each employee. These personnel files can contain a great deal of information that is often used to determine if the employee should be promoted, given a raise, or even terminated. Personnel records even go so far as to include evaluations, time and pay records. This raises the question though, how do we know the information in that file is correct? It would be nice if an employee could check their personnel file to make sure.

Under Oregon law, an employee can do just that! Oregon law provides that once an employee requests to see their personnel records, the employer has 45 days to make such records available for the employee to look at, at the place where the employee works. Sometimes employee records are not stored at the employers place of business (just in case there was a fire) so the delay may be needed to retrieve the records for the employee. If the employee asks, the employer is even required to make a certified copy for the employee, although they may charge a fee to cover the cost of doing so. Between these two options, an employee should have ample opportunity to make sure what is in the records, is correct. Please note though, an employer is only required to keep personnel records for 60 days after the employee stops working there.

This all raises a question though, what if your employer refuses to follow the law and show you your personnel record? In that case, depending on several different factors, you might have a claim against the employer. If you have had difficulties getting to see your personnel record, or your employer is refusing and would like to have your unique situation evaluated, feel free to contact the office and schedule your free initial consultation.