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 656.006.
(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.
1) Crime records or confidential records are exempt.
(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.
2) Records used to determine terms or conditions of the employee´s compensation or employment are covered.
(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.
3) Right of the employee continues after termination.
(4) An employer may make only such charge for the service referred to in subsection (2) and (3) of this section as is reasonably calculated to recover the actual cost of providing the service. [1977 c.861 ß2 1985 c.404 ß6]
4) Employer may charge the cost of copies.
The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta or call our Employer Assistance line.
Technical Assistance for Employers
Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland,OR97232
971-673-0824
www.oregon.gov/boli
These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact theOregonState Bar Lawyer Referral Service at 1-503-620-0222 or 1-800-452-7636. THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT.
