Oregon Request to Inspect Personnel File
Description
How to fill out Request To Inspect Personnel File?
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FAQ
No federal law grants employees the right to inspect their personnel files. However, many states do give employees such rights and spell out the terms under which employees are allowed to inspect those files.
Company Name employee files are maintained by the human resource (HR) department and are considered confidential. Managers and supervisors, other than the HR director and his or her subordinates, may only have access to personnel file information on a need-to-know basis.
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
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.
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.
The statute requires employers to retain 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. The statute of limitation for a wage or contract claim is six years.
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.
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years.
