Using the Freedom of Information Act (FOIA) in Employment Law Cases

July 6, 2008

Here is a great suggestion from another Portland, Oregon attorney I was speaking with last week. The Department of Justice (DOJ) and the Oregon Bureau of Labor and Industries (BOLI) are subject to the Freedom of Information Act (FOIA). This means that any member of the public can request records from these agencies. Assuming the information is not confidential, you will be provided with access and/or copies of pertinent information.

Why this is important:
From an evidentiary standpoint, it can be helpful to show whether an employer has or has not been subject to complaints in the past. This can help establish/erode credibility and prove your case. And, if the employer has engaged in unlawful conduct in the past, it can help make it easier to obtain penalty wages. See ORS 652.150.

For more information
U.S. Department of LaborClick here to read about FOIA requests
Oregon Bureau of Labor and Industries – Call 971-673-0761

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