Anaya Nolan
Oregon's employment laws are a complex web of statutes, common law, and contracts, making it difficult to determine whether a lawsuit against an individual is possible. Oregon is an at-will employment state, meaning employers can generally terminate employees without advance notice for any lawful reason. However, if there is an employment contract or employee manual, employees can sue for wrongful termination or breach of contract, seeking remedies such as reinstatement and back pay. Oregon law also protects against discrimination and whistleblower retaliation, and employees can bring claims to the Oregon Bureau of Labor & Industries (BOLI) or take legal action for wrongful discharge. Understanding the legal complexities is crucial, and consulting with attorneys specializing in Oregon employment law is essential before taking any legal action.
| Characteristics | Values |
|---|---|
| Employment status | At-will employee |
| Termination | Can be terminated at any time without advance notice |
| Termination reasons | Any lawful reason, or no reason at all |
| Exceptions | Discrimination, whistleblower laws, personality conflicts, missing work, clothing choices, attitude, race, religion, gender identity, sexual orientation, safety complaints, jury duty, workers' compensation claim, military service, workplace harassment, assertion of legal rights |
| Contract | Written or oral |
| Lawsuit | Sue for breach of contract |
| Outcome | Recover job, receive back pay, compensation for distress |
| Union | Must follow union contract procedures |
| Tort claims | Wrongful dismissal, public policy entitlement, public duty |
| Statutory claims | State and federal laws |
| Arbitration | Arbitration agreements are valid |
| Severance | Severance agreements may include a "general release" term waiving rights to assert claims |
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What You'll Learn
Wrongful termination
Oregon's laws on wrongful termination are complex and constantly changing, making it difficult for employees to know their rights. However, there are three main remedies available to employees who believe they have been wrongfully terminated:
Wrongful Discharge Lawsuits
Wrongful discharge tort claims are divided into two groups: the first occurs when an employee is dismissed because they exercised a relevant public policy-based entitlement, and the second involves discharges intended to perform essential public duties. To establish a successful wrongful firing claim, an employee must link their termination to specific statutes or company policies that mandate the dismissal as illegal.
Breach of Contract
Employees can argue that their termination breached a particular provision in their employment contract. This can include written or implied agreements, as well as oral contracts, although these can be more challenging to prove. If an employee can prove a breach of contract, they may be able to recover their job and obtain back pay.
Statutory Violations
Employees can also bring claims for statutory violations, such as infringements of anti-discrimination laws. Oregon law prohibits unlawful discrimination based on race, colour, religion, sex, sexual orientation, national origin, marital status, or age. Additionally, employees can pursue federal statutory claims and may be entitled to economic and non-economic damages, reinstatement, or injunctive relief.
It is important to note that employees who leave their jobs voluntarily will likely face challenges in bringing a wrongful termination claim. Additionally, employees who are part of a union should follow the procedures outlined in their union contract and be mindful of any deadlines for filing a claim.
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Discrimination
Oregon's anti-discrimination laws also cover unlawful termination, which can include discriminatory reasons such as an employer dismissing someone because of their religious beliefs or an employee's pregnancy. Oregon's law also prohibits employers from inquiring about criminal convictions on employment applications or before an interview.
If an employee or applicant believes they have been subjected to illegal conduct, they can proceed directly to court or go to the Civil Rights Division of the Oregon Bureau of Labor and Industries (BOLI). If they file with BOLI, they have 90 days from receiving a "right-to-sue" notice to file in court. Alternatively, they can file a complaint with the Equal Employment Opportunity Commission (EEOC), which will investigate the claim. If the EEOC decides that discrimination did not occur, it will issue a "Notice of Right to Sue", allowing the employee to file a lawsuit in a court of law. If the EEOC determines that discrimination did occur, it will attempt to reach a voluntary settlement with the employer. If a settlement cannot be reached, the case will be referred to the EEOC's legal staff, who will decide whether to file a lawsuit. If the EEOC decides not to file a lawsuit, it will issue a "Notice of Right to Sue".
Oregon's anti-discrimination law also restricts the use of confidentiality agreements in settlements, making it illegal to include nondisclosure, nondisparagement, or no-rehire provisions in agreements with employees who have claimed discrimination.
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Whistleblower laws
In the state of Oregon, there are several laws in place to protect whistleblowers. Whistleblowing can be defined as an employee making a complaint or reporting their employer's misconduct or unlawful activities. Oregon's whistleblower laws protect employees from retaliation for reporting such violations.
Oregon Revised Statute 659A.030 protects individuals from retaliation for making or testifying about an unlawful discrimination complaint. Oregon Revised Statute 659.199 further safeguards employees who, in good faith, report perceived violations of state or federal laws or regulations. This means that employees cannot be punished or fired for speaking up about illegal activities occurring within their organization.
Additionally, Oregon Revised Statute 659A.236 protects employees from facing discipline for testifying before the legislature or its committees. This encourages employees to participate in legislative processes without fear of reprisal from their employers.
Oregon law also addresses specific situations that whistleblowers may encounter. For instance, Oregon Revised Statute 659A.233 prevents retaliation against employees who report possible healthcare violations or testify at unemployment hearings. Furthermore, Oregon Revised Statute 659A.230 protects four distinct types of whistleblower activity related to law enforcement and lawsuits. Under this law, employers are prohibited from retaliating against employees who cooperate with police investigations or take legal action in good faith.
Wrongful Termination and Legal Recourse
Oregon law provides remedies for employees who face wrongful termination or retaliation for whistleblowing. Employees can file wrongful discharge lawsuits, claim breaches of contract, or cite statutory violations. In contract-based wrongful termination lawsuits, employees argue that their dismissal breached a specific provision in their employment agreement.
It's important to note that Oregon's collection of wrongful firing laws can be complex, encompassing statutes, common law, and contracts. Employees must be able to link their claims to specific statutes or company policies that deem the dismissal illegal.
To successfully navigate these legal complexities, employees can refer to the Oregon State Bar Association's (OSBA) explanation of contract employment law. Additionally, employees can seek legal counsel to understand their rights and explore options for recourse, such as recovering their job or lost wages.
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Contract disputes
In Oregon, contract disputes are decided using "common law", which is made up of all the previous cases decided by courts. The Oregon State Bar Association (OSBA) has written an explanation of contract employment law.
Oregon contract law requires offer, acceptance, and consideration to form a contract. Contracts are legally binding and negotiated for trade/exchange. A breach of contract is defined as one party breaking the terms and conditions agreed upon by two or more parties.
In the context of employment, if you have an employment contract or certain types of employee manual policies, you can sue if your boss breaches your contract. That could result in getting your job back and being paid back wages or lost wages.
However, it is important to note that employment agreements can be extremely complex and should be drafted by an attorney with in-depth knowledge of state and federal employment laws. For example, an employer may include contract provisions that benefit them at your expense, such as limiting your right to sue the company or restricting your ability to enter a competing business.
In Oregon, wrongful termination lawsuits are a type of contract dispute where employees argue that they were fired in breach of a particular provision in their employment contract. These lawsuits can be challenging to prove, especially if the contract is oral and not written.
In addition to wrongful termination lawsuits, Oregon law provides two other remedies when an employer fires an employee unjustly: tort claims for wrongful dismissal and statutory violations (infringements).
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Severance agreements
Oregon is an at-will employment state, meaning that, in the absence of an employment contract, employers can generally terminate employees without any advance notice, for any lawful reason, or even for no reason at all. An employment contract often gives an employee greater rights than the law provides and can give both the employee and the employer more certainty about the terms of employment.
Employment contracts can be written or oral and can take many forms, ranging from extensive legal documents to a simple letter. These contracts establish both parties' rights and obligations and can serve as a reference point for resolving disputes or conflicts that may arise during the course of employment.
If an employer violates an employment contract, the employee may be able to file a lawsuit to recover their job and receive back pay. The goal is to restore the employee to the position they would have been in had the employer not broken the contract.
Oregon courts generally do not favour overly restrictive clauses in separation agreements, such as non-compete clauses or overly broad non-disclosure agreements, as they can severely limit a former employee's future employment options. It is important to consult an experienced employment law attorney when reviewing severance agreements to protect one's rights and interests.
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Frequently asked questions
Any dismissal from a position for which the law provides the employee with recourse against their employer is considered unlawful.
In Oregon, wrongful termination lawsuits are typically based on statutory claims, contract breaches, or tort claims for wrongful dismissal.
Under Oregon law, it is unlawful to treat people unfairly due to their protected characteristics, including race, religion, gender identity, sexual orientation, national origin, and age.
Yes, you may have a claim for emotional distress if your employer's conduct was extreme and intentional.
As an at-will employee, your employer can terminate you at any time for any lawful reason, but they cannot discriminate against you or retaliate against you for whistleblowing or other protected activities.
