Every employee has a right to inspect and copy his or her "personnel records." Those records are defined to include "those personnel records of
the employee which are used or have been used to determine the employee’s qualification for employment, promotion, additional compensation or employment termination or other disciplinary action." Any request to examine personnel records should be in writing and make specific reference to the statute, ORS 652.750. The text of the statute reads as follows:
652.750 Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge for copies. (1) As used in this section:
(a) "Employer" has the meaning for that term provided in ORS 656.005.
(b) "Personnel records" do not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state or another state or the United States, confidential reports from previous employers or records maintained in compliance with ORS 351.065.
(2) At the request of an employee, the employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, those personnel records of the employee which are used or have been used to determine the employee’s qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. At the request of the employee, the employer shall furnish a certified copy of such records.
(3) Upon termination of employment, the employer shall keep the terminated employee’s personnel records for not less than 60 days. At the request of the employee, within the 60-day period or at any time if the employer has retained the records at the time of the request, the employer shall furnish a certified copy of such records.
(4) An employer may make only such charge for the services referred to in subsections (2) and (3) of this section as is reasonably calculated to recover the actual cost of providing the service.
NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
posted by Craig A. Crispin | Sep 24, 2003 1:02 PM [EST]
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