ORS 652.750 on Employee Records: Requests, Duties, and Refusals

To request your employee records in Oregon, send your employer a written request under ORS 652.750; they then have 45 days to let you inspect your personnel file at work or provide a certified copy. The right covers both your personnel records and your time and pay records, and an employer who ignores the request can be assessed a civil penalty of up to $1,000 by the Bureau of Labor and Industries.1Oregon State Legislature. Oregon Revised Statutes 652.750 – Inspection of Records by Employee

What You Can Ask For

The statute covers two separate categories, and the second one is easy to miss.

The first is your personnel records: any document your employer has used, or previously used, to decide whether to hire, promote, pay, discipline, or terminate you. Performance reviews, write-ups, and training records all tend to fall here.

The second is your time and pay records, kept for the period the federal Fair Labor Standards Act and its regulations require. If your concern is about hours worked or wages paid, ask for these records specifically. Many employees request only their “personnel file” and never see their payroll data.1Oregon State Legislature. Oregon Revised Statutes 652.750 – Inspection of Records by Employee

Three categories are carved out of the law:

  • Records tied to the investigation, arrest, or conviction of conduct that violates state or federal criminal law.
  • Confidential references or reports your previous employers provided.
  • University personnel records kept under ORS 352.226, which governs Oregon’s public universities under separate access rules.2Oregon State Legislature. Oregon Revised Statutes 352.226 – Personnel Records

Medical files that employers keep separately to comply with federal privacy laws like the ADA and HIPAA aren’t governed by ORS 652.750 either; those have their own access rules.

How to Make the Request

The statute doesn’t require a written request. It only says the employer must act “after receipt of an employee’s request,” so an oral ask technically starts the clock. In practice, write it down. A dated letter or email proves when the 45 days began.

Say clearly whether you want to inspect the records in person, receive certified copies, or both. Include your full legal name as it appeared during employment, your dates of employment, and any employee ID number you had. Send it to human resources, or in a smaller company to whoever handles personnel files. Keep a copy.

What Your Employer Has to Do

Within 45 days of receiving your request, your employer must give you a reasonable opportunity to inspect your records at your workplace or work assignment. If you asked for copies, a certified copy must be furnished in that same window. According to the Bureau of Labor and Industries, “certified” doesn’t require any formal process; a cover letter from the records custodian or HR manager stating that the copies are true and correct is enough.3Oregon Bureau of Labor and Industries. Access to Employee Records – For Workers

If the records aren’t readily available, you and your employer can agree to extend the deadline. The employer cannot extend it on their own.1Oregon State Legislature. Oregon Revised Statutes 652.750 – Inspection of Records by Employee

For copies, your employer may charge a fee, but only one reasonably calculated to cover the actual cost of duplication. The statute sets no per-page rate, and a fee that exceeds real copying costs is outside the law.

If You’ve Already Left the Job

Once employment ends, your employer must keep your personnel records for at least 60 days. Time and pay records have to be kept for the period the Fair Labor Standards Act requires, which under federal rules is generally three years for basic payroll records.1Oregon State Legislature. Oregon Revised Statutes 652.750 – Inspection of Records by Employee

Sixty days is a floor, not a guarantee of longer access. If you’ve recently left a job and want your file, send the request now. Federal EEOC rules impose their own minimum of one year for personnel records, running from the date of termination for involuntarily terminated workers, but that’s a separate obligation under separate enforcement.4U.S. Equal Employment Opportunity Commission. Recordkeeping Requirements

What to Do If Your Employer Refuses

File a complaint with the Bureau of Labor and Industries. BOLI’s Wage and Hour Division handles these complaints and can be reached at whd@boli.state.or.us.3Oregon Bureau of Labor and Industries. Access to Employee Records – For Workers

Under ORS 652.900, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty of up to $1,000 against an employer who violates ORS 652.750 or any rule adopted under it.5Oregon Revised Statutes. Oregon Revised Statutes 652.900 – Civil Penalties

Extra Rights for Public Safety Officers

If you’re a public safety officer, ORS 652.750 gives you more than access. Your employer cannot place an adverse comment in your personnel file unless you have first read and signed the document; if you refuse to sign, the employer can still file it but must note that you declined. You also have the right to submit a written request, with supporting documentation, to correct or delete material you believe was placed there by mistake or unlawfully, and the employer has 30 days to respond. If the employer refuses, both your request and the employer’s response stay in the file permanently.1Oregon State Legislature. Oregon Revised Statutes 652.750 – Inspection of Records by Employee