Oregon Record of Separation from Employment
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How to fill out Record Of Separation From Employment?
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FAQ
Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.
Workers have the right to access their records. Employers must provide a reasonable opportunity for employees to look at their personnel, time, and pay records and obtain copies of these records upon request.
Employees may request to review their personnel file at any point during their employment, or for up to 60 days following the termination. The employer must subsequently furnish the information within 45 days of a request. The employer may charge the employee for the cost of providing certified copies of the records.
Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without cause for no real reason or business reasons like downsizing, then your employer can't tell that or imply that you were fired for cause for serious misconduct, otherwise it would be defamation.
Giving References in Oregon Employment law in Oregon prohibits past employers from giving out any information that is not strictly job related such is how long you worked there and more. A past employer cannot give personal commentary about your work performance or anything else that might be a biased opinion.
Employers must keep an employee's personnel records for at least 60 days after termination. Time records must be retained for two years, and payroll records for three years.
All Personnel Files and Training Records: 6 years from the end of employment. Redundancy Records: 6 years. Sickness Absence Records: A minimum of 3 months but potentially up to 6 years after employment ends.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.