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Unus pro omnibus, omnes pro uno -- One for all, all for one

Welcome To Our Workers Rights Mutual Support Community Web Site
(Formerly Known As "The Intel Eliminati" - TIE)

Tuesday, June 28, 2016

Employee File Content Request

Whether you are currently employed at Intel Corp. or your employment was terminated due to voluntary or involuntary action (including retirement) we advise you to request a certified copy of your employment file. By having a certified copy in your possession, you can verify the accuracy of the information that is kept about your employment history at your employer. This will also give you an opportunity to correct erroneous information, discover missing information, and find out if your file contain information that should not have been included there in the first place (like another person's documents).

You initiate the process by asking for a CERTIFIED copy of your employee file from Intel Corp. via U.S. Mail. Oregon law (ORS 652.750)requires the employer to provide a hard copy, not an electronic document, upon receiving your request.

Under Oregon law an employer could be subject to a fine of $1000 for not providing the employment file content in response to an employee request.


Note that the Oregon BOLI issued a guideline to employers regarding employee file content requests. see:  Personnel Records Requests

A copy of this document is also available in the "Legal" folder of the Eliminati shared Google Drive, alongside other important documents. Please review and use as needed.

NOTE: For employees located in states other than Oregon, we advise finding if there are similar laws in your state that entitle you to request a certified copy of your employment file for your review. It is very likely that your rights are covered by your state law. If you find out the relevant information for your state, please add this information as a comment to this article and we will use your information to update the content of this article, accordingly. If in doubt, please send a message to any one of our editors and we will respond back to you within a short time.

Added State of California information per Al Putman (thanks Al):

CA Labor Code Section 1198.5:
California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee.
Time limit is 30 days subject to a $750 penalty.

CA Labor Code Section 432:
Employers are required to give an employee or job applicant, upon request, a copy of any instrument that the employee or applicant has signed relating to the obtaining or holding of employment.

CA Labor Code Section 226:
Employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
Time limit is 21 days subject to a $750 penalty.

Added Washington State information per Ed Stanford:

Washington state filing:
http://www.lni.wa.gov/workplacerights/files/policies/esc7.pdf

RCW 49.12.240 through 49.12.260



To enable you to take a quick action, we provided a generic template that you can customize with your own personal details. We advise sending your request via U.S. Priority Mail. By using this service, you will be guaranteed faster delivery and the transaction ID on your receipt would allow you to track and confirm your letter delivery. Typical cost of this mailing service is $6.45, depending on your location.

Address
City State Zip
Date

Intel Corporation
2200 Mission College Boulevard
Santa Clara, CA 95054

Attention Human Resources:

Under Oregon law (ORS 652.750), I am hereby requesting a certified hard copy (paper—not electronic) of all of my Intel Employment Records including performance reviews, pay letter including ratings (salary raises, SSL, etc.), and appeals decision, which have been used to determine my qualifications for employment, promotions, and employment termination.

Send the certified paper copies of my records to:
John Q Citizen
Address
City State ZIp

Thank you,

John Q Citizen
WWID 12345678

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