The Right to a Written Disclosure
by: Legal Aid Services of Oregon
The Right to a Written Disclosure: Know What the Deal Is
State and federal law protects you as a farmworker against false information given to you by a contractor, farmer, or other agricultural employer like a cannery or nursery. Your employer must give you a written “disclosure” or statement that explains the details of the job before you begin working. This way, you know what to expect from the job and there are no surprises later. It is illegal for the employer to break any of the conditions that s/he has put in the disclosure.
If you are a migrant farmworker you must get this disclosure when you are hired, and must get a new one every time you move to a different job or farm. If you are not a migrant you also have the right to a written disclosure if you ask. The disclosure must say:
Where you will work and for whom
The type of work and the crop harvested
Your wage and how it is figured
If there is a strike at the job
When the job will start and stop
If transportation or housing are provided, and the cost for each
Farms that are small and do not use anyone outside the family to recruit workers may not have to give you a written disclosure.
Special Requirements for Oregon Contractors
In Oregon, all contractors must have a license from the state and must give a written contract to every farmworker they recruit. If a contractor recruits you from one place and takes you somewhere else to work, but the work does not start when s/he said it would, the contractor has to give you free housing and food until the work begins. If the work starts more than 30 days late the contractor must pay for you to travel back home or to another work site.
6/2011
Last Reviewed On: 06/16/11
Information Not Legal Advice.
This web site has been prepared for general information purposes only. The information on this web site is not legal advice and is not a substitute for the advice of an attorney. Also, the law may vary from state to state, and some information on this web site may not be correct for your state. The information contained in this web site is not guaranteed to be up to date. As a result, the information contained on this web site cannot replace the advice of competent legal counsel licensed in your state.
Links.
This web site contains links to other resources on the Internet to help you find other resources that may be of interest. We are not responsible for the accuracy of any information provided on these linked websites. By including these links, we do not intend to state or imply that we sponsor or are affiliated or associated with the persons or entities who created the web sites or that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail.
Viewing this web site, or sending an e-mail message to any legal services program or any attorney mentioned on this web site does NOT create an attorney-client relationship between you and the legal services program or the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Also, in some situations, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters and you may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and most attorneys do not respond to unsolicited e-mail from non-clients. If you have a legal problem, you should not rely on email to try to find an attorney to assist you.
Lawyer Advertising.
In some states this web site may be considered lawyer advertising. Any listing of an attorney on this website is not a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Disclaimer of Warranty and Limitation of Liability.
Legal Aid Services of Oregon makes no warranty, express or implied, with respect to the use of the links provided; and makes no representation, warranty or claim that the information available on this web site is current or accurate. Neither Legal Aid Services of Oregon, nor any person or organization that participates in the creation or maintenance of this web site shall be liable for any damages arising from any use of this web site or for any claim made against a person using this web site.