8/9/24: Employers: Stop Signing Personnel Document Certifications Under Penalty of Perjury

August 9, 2024

By Chris Morgan & Lex Shvartsmann

Under ORS 652.750, an employer is required to furnish a “certified” copy of an employee’s personnel records within 45 days of the employee’s request. The statute does not expressly specify what is considered a “certified copy.”

An increasing number of employees and their counsel are including forms in their requests which seek an employer’s signed affirmation “under oath” that the personnel documents being produced are accurate and complete. Although employers should attest that the records being produced are accurate and complete to the best of their current knowledge, employers should not sign anything under oath or subject to penalty or perjury. The statute does not require it, and employers should avoid it.  

For questions regarding responses to employee personnel file requests, contact Chris Morgan at 503-276-2144 or cmorgan@barran.com.

Click to access a PDF of this E-Alert.

Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. E-Alerts are not intended as legal advice, but as employment law, labor law and employee benefits announcements. If this has been forwarded to you, and you would like to receive Electronic Alerts directly, call 503-276-2115 or email clientservices@barran.com. Copyright © 2024 by Barran Liebman LLP.