In Oregon, it is illegal to fire an employee for reporting or opposing unlawful conduct by the employer, such as discrimination, serious workplace health and safety concerns, wage claims, and various other legal or regulatory violations. Navigate This Page: What constitutes wrongful termination in Oregon? What should I do if I have been wrongful terminated? Your job can provide you with income and the ability to support your family and loved ones. The Oregon statutes (laws) of limitations are Oregon Revised Statutes § 12.010 et seq. Be In The Know. Losing your job or a hiring opportunity because of any protected class could qualify you to bring a civil claim for discrimination or wrongful termination. It is referred to as “constructive termination” and is a cause for a wrongful termination suit. Discrimination in violation of an employment contract. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Employers also must pay their employees for any time during which they must work, even if the employer characterizes that time as a “break.” Oregon employers may not fire employees for filing wage claims, testifying in wage hearings, or otherwise exercising their rights under wage and hour laws. The attorney listings on this site are paid attorney advertising. Discrimination in violation of an employment contract. Oregon Wrongful Termination In Oregon, unless the terms of an employment relationship (including the duration of the employment period, compensation details, and conditions of termination) are determined by contract, employment is usually subject to the rules of ‘at-will’ employment. However, you should check to make sure. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The Civil Rights Division of Oregon’s Bureau of Labor and Industries enforces the state’s laws prohibiting discrimination; the Division has offices in Portland. They'll review your case and respond within 48 hrs. An employee can be considered to have been wrongfully terminated if any of the following circumstances occurred: Employment contract breached by the employer. Minneapolis Wrongful Termination Lawyers. Legal professionals can certainly be beneficial while working out a better settlement. This includes your age, gender, gender expression, sex, sexuality, marital status, pregnancy, disability, religion, race, ethnicity, origin, and color. A wrongful termination claim can be filed if an employee has been unlawfully fired from their job. The rest period must be in addition to, and taken separately from, the meal break. This is considered wrongful termination. Every case is different and services available will vary depending on state. If you have been fired from your job in Oregon, and you believe your employer’s decision was discriminatory or unlawful, contact an experienced employment law attorney today for legal help. A shocking number of Americans have lost their jobs as a result of the economic downturn stemming from the COVID-19 pandemic. Employers with six or more employees may not discriminate on the basis of physical or mental disability. 1  Alternate names: Wrongful dismissal, wrongful discharge How Wrongful Termination Works A termination is wrongful if it: violates state, local or federal law; What route to compensation do they have if they have been fired unlawfully? Such deadlines are specified by laws and regulations known as statutes of limitations. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Wrongful termination is pretty much exactly like it sounds: it refers to a termination based on improper (wrongful) grounds. Wrongful termination in California may occur because of disability or gender discrimination. This is certainly one reason companies like to accept a settlement outside of court. Whatever the reason given, state law mandates that the termination must be legally valid. Getting fired from a job is one of the most stressful things that can happen to a person. Oregon requires employers to provide both meal breaks and rest breaks. Discrimination based on protected activities. For example, it is wrongful to discharge an employee for resisting on-the-job sexual harassment, or for refusing to sign a statement attacking the character of another employee. To many people, their job is one of the most important things in their life. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures. In an "at-will employment" state, which includes most states, employers may hire or fire for any cause or for no cause at all. Copyright © 2016 Employment Law Help Center. Oregon Wrongful Termination Laws Discriminatory Firing. The worker can be terminated unfairly; or the worker may just quit, thinking working conditions are no longer acceptable. These laws also make it illegal for an employer to retaliate against you for asserting your rights. Wrongful Termination Learn More; Sexual Harassment Learn More; Discrimination Learn More; Whistleblowing Learn More; Work Injury Retaliation Learn More; Prev Next. For instance, it would generally be illegal for your employer to fire you: (Learn more about wrongful termination in the context of COVID-19.). But there are some exceptions, and you should speak to an employment lawyer or wrongful termination attorney immediately if you think you've been unlawfully dismissed from your job. Only when an employer violates a specific law or legal doctrine is a termination wrongful. Find Wrongful Termination Lawyers Attorneys in Washington County. There exist a few exceptions to at-will employment laws in Oregon that could result in violations if an employer chooses to terminate an employee based on these terms. An employee can be considered to have been wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination and those guidelines were not followed. Whether you want to get your job back, negotiate a settlement, or file a lawsuit, a lawyer can help you assert your legal rights. The one fact that never changes though, is that wrongful termination laws in Oregon prohibit employers from firing employees for discriminatory reasons that violate their rights. Oregon Wrongful Termination Attorney Attorneys from Meyer Stephenson are experienced in a wide variety of wrongful termination claims. However, only employers with a minimum number of employees must comply with these laws. If you believe you have experienced an employment, wage, or labor related violation, feel free to contact us for assistance. Some terminations are wrongful, others aren’t. If not, you may also have to file a complaint with the EEOC. Being that wrongful termination is a form of employment discrimination, employees who believe they have been fired for unlawful reasons have certain protections under state and federal antidiscrimination laws. But it’s not a comprehensive list of Oregon employment rights, which can change as courts issue new rulings and legislators pass or modify laws. There are, however, a few instances when it is unlawful for a company to lay off or fire a worker. One such exception involves an implied contract. Do Not Sell My Personal Information, , J.D., University of Missouri School of Law, workers’ compensation benefits for COVID-19, wrongful termination in the context of COVID-19, Civil Rights Division of Oregon’s Bureau of Labor and Industries, Remedies Available for a Wrongful Termination Claim, Collecting Unemployment After Being Fired, in retaliation after you complained about or reported unsafe working conditions, such as inadequate personal protective equipment (PPE), social distancing, or cleaning, for refusing to work because you had a reasonable belief that you faced an immediate risk of death or serous physical harm due to unsafe working conditions, for refusing to violate a legal shelter-in-place order, for taking family or medical leave under state or federal law, including the, because you have a preexisting condition (including your age) that makes you more vulnerable to the coronavirus; or. Job type you want If you're fired for misconduct, you won't be eligible for unemployment benefits. What compensation is available for wrongful termination? What is Wrongful Termination? Wrongful Termination in Eugene, OR. The average courtroom awards are generally higher, between $90,000 to $400,000. Generally speaking, Oregon is at at-will employment state, which means that your boss can fire you for any reason at any time. A lawyer can also inform you of any other claims that you might have under state or local law. Free profiles of 52 top rated Portland, Oregon wrongful termination attorneys on Super Lawyers. Employment lawyers protect the rights of people who have been fired in a variety of ways. If you’ve been a victim of sexual harassment and was fired for reporting the incident, you may be able to take legal action. This website is not affiliated with any government organization or trademarked product. What is considered a wrongful termination? Reasons considered wrongful termination. You may have grounds to file a wrongful termination lawsuit against your employer, in order to get your job back, and to recover compensation for lost wages, compensatory or punitive damages, and other losses. Portland, Oregon lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. Under most circumstances, that means employers can terminate employees for almost any reason. In the United States, most workers are considered "at-will employees," meaning the employer may terminate the worker at any time for almost any reason and the worker is also free to quit. This is an advertisement. Oregon law prohibits employers with one or more employees from discriminating based on race, color, national origin, sex, pregnancy, religion, age (18 and older), genetic information, marital status, family relationship, sexual orientation, or association with a member of a protected class. Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. Oregon Wrongful Termination. For what, under US law, can employee legally be terminated? For a firing to meet the definition of wrongful termination, it must be illegal in the eyes of the law, such as violating an employment agreement or federal or state law. If the employee’s shift lasts seven hours or less, the meal break must occur between hours two and five. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract. You may have heard that Oregon is an at-will employment state. Most types of discrimination are prohibited once an employer has at least 15 employees. An employer may terminate an employee at any time for any reason or for no reason at all. Oregon, like most states, is an “at-will employment” state, which means employers in Oregon have the right to discipline or fire employees at any time and for any reason, or for no reason at all. However, there are exceptions to Oregon’s at-will employment doctrine that protect employees from being fired for reasons that are considered unlawful or illegal. An employee’s termination may be considered wrongful if the reason for the employer’s negative action violates an employment contract, is contrary to public policy, or is considered unlawful under state, federal or local law. The rest period may not be added to the meal period or deducted from the beginning or end of the shift to reduce the length of the total work period. With a few exceptions, employers may not adopt a mandatory retirement age. Even though Oregon generally recognizes the at-will employment rule, certain discharges are considered by the courts to be wrongful. 1.18.19 Specter of harassment hangs over Oregon Capitol; 1.04.19 Republican Senator Jeff Kruse: Another Male Monster in Power to be Slayed! Oregon employees are also entitled to a paid ten-minute rest break for every four hours (or major fraction thereof) worked. Your job can provide you with a sense of purpose and accomplishment. Have you recently lost your job? Breach of Employment Contract. A free service, LegalMatch has a 98.7% satisfaction rate. “Wrongful termination” is not a magic, legal term – that’s why, for people not familiar with employment law, it’s a term that’s greatly misunderstood. This results when there is no express contract, but certain acts committed by an employer point to an implied agreement, such as verbal assurances of long-term … There are a number of reasons a termination from employment in Ohio may be considered wrongful. These laws prohibit employers from firing an employee on the basis of a protected characteristic, such as: color, race, sex, disability, sexual orientation, age or national origin. Under state and federal wrongful termination laws, employers in Oregon are prohibited from firing an employee for exercising his rights, or taking part in protected activities, such as filing a workers’ compensation claim, or taking time off work to care for a seriously ill family member or to fulfill certain personal responsibilities or civic obligations, such as jury duty. Results are not guaranteed. If you have an employment contract that promises you job security, you may not be considered an “at-will” employee, and your employer may not be able to fire you without good cause. (III) A Long and Incomplete List of Potential Oregon Wrongful Termination Claims (1) Breach of Contract - Cases where a firing breaches a specific obligation set forth in the parties' agreement. In other words, sometimes a layoff is actually a wrongful termination in disguise. Depending on the reason you were dismissed, you might have a valid claim for wrongful termination.