[OR] [OR] Can I sue my employer for submitting false information?
I have questions about my employer adding fabricated information to my personnel file after our last meeting.
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In Oregon, employers must not knowingly submit false or misleading information to agencies like the Oregon Employment Department (ORS 657.300). False statements in personnel records can also impact future employment. Since you have an audio recording and transcript, you’re in a strong position to challenge your employer’s version. In your unemployment appeal, submit your evidence and explain what happened. You can also request a written correction or rebuttal be added to your personnel file (ORS 652.750). Keep organized records of all communications.
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I have questions about my employer adding fabricated information to my personnel file after our last meeting.
Lexi, Chatbot
I understand how concerning that is. What specific fabricated information do you believe was included?
It’s not that I believe it—it's literally included.
Lexi, Chatbot
Have you addressed this with your employer? If so, what was their response?
In my file, the HR manager wrote: “I felt that I was kind yet firm during our conversation. However, Tyler expressed that he felt I was being dismissive and possibly condescending. He was adamant that I was wrong, and he was right. He strongly believes he is being set up for failure by his supervisors and that the company is not treating employees properly (especially regarding breaks, lunches, and listening to employee concerns). Tyler indicated he did not believe me and became increasingly argumentative, insisting that he was right, and the company was wrong. He was upset that I did not agree with his position.”
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you?
No. This never actually happened. I have the audio recording and transcript to prove it. I want to know the legal implications, because they sent it to the unemployment department and that helped get me denied.
Dan
Hello, I’m Daniel, a licensed lawyer for 21 years. I’m sorry you’re dealing with this. What would you ideally like to see happen?
I don't know.
Dan
I know this can feel like a lot. Have you taken any steps yet, or is this your first chance to look into it?
I want to know the legal implications and if there’s anything I can do in my appeal.
Dan
Thank you—give me a moment to prepare your answer.
Is there any way I can seek damages because of the delay this has caused? In my hearing, of course.
Dan
In Oregon, employers must not knowingly submit false or misleading information to agencies like the Oregon Employment Department (ORS 657.300). False statements in personnel records can also impact future employment. Since you have an audio recording and transcript, you’re in a strong position to challenge your employer’s version. In your unemployment appeal, submit your evidence and explain what happened. You can also request a written correction or rebuttal be added to your personnel file (ORS 652.750). Keep organized records of all communications.
I already did. My adjudicator didn’t care and believed my employer. My denial letter says I quit because the workload was too physically demanding and I didn’t pursue reasonable alternatives, so I quit without good cause (ORS 657.176; OAR 471-030-0038).
Dan
You can pursue an appeal. I don’t see a damages claim for an internal notation unless the employer interferes with other employment. Consider negotiating a severance by leveraging potential civil claims (e.g., discrimination or hostile work environment) to strengthen your position.
I’ve been job hunting for 12 weeks and I’m out of money. I haven’t received any benefits.
Dan
You can appeal benefits while continuing your search. I know it’s tough. If you have follow-up questions, let me know. If everything makes sense, reply “All set.”
Thanks. All set.
Dan
Thank you for reaching out. I’m sorry—hope things turn around for you. Have a great weekend.
I’m going to contact a couple of attorneys now. Thanks for your time.
Dan
Most welcome.
Dan
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