Wrongful Termination in Oregon
A wrongful dismissal occurs when the employer breaks a law when terminating a worker. Employees wrongfully terminated from jobs may experience financial hardship or emotional trauma from discriminatory practices in the workplace. Workers wrongfully terminated in Oregon can seek restitution for lost wages and sue for damages through the court system.
Terminated employees may wonder, “What is a wrongful termination lawsuit?” Workers wrongfully fired from jobs may be able to file lawsuits against their previous employers by following the proper procedure. After suspicion of unlawful termination in Oregon, an employee should review the employment laws of the state and government. Wrongfully fired workers may need to learn more about the process for filing a claim if they wish to be successful at seeking legal action. To learn how to handle wrongful termination in Oregon, review the sections below:
Oregon Unemployment Resources
Types of Illegal Termination in Oregon
Most types of unlawful terminations from employment pertain to federal discrimination laws and protecting employees from unfair firing. These types of illegal termination of employment prohibit an employer from dismissing a worker based on age, gender, religion, veteran status, nationality, mental or physical disability. The types of illegal terminations in Oregon also include retaliating against an employee for a legal case he or she has open against the company. These types of illegal dismissal of employment can also transpire when an employer fires an employee for receiving worker’s compensation. When one of the types of illegal firing occurs, an employee can suffer irreparable financial and professional damages. Employees who have experienced any one of the types of unlawful terminations in OR can choose to file a claim against their previous employer.
Types of Legal Termination in Oregon
When employer use legal reasons for terminating employees in Oregon, they are not violating federal or state laws in the firing. The well-known types of legal termination of employment involve an employer firing an employee for performing poorly on the job or the end of an employee’s contract. Other types of legal dismissal of employment include company layoffs or the indefinite closing of a business.
Since all of these types of legal firing in OR do not break any laws, a terminated employee does not have the right to file a claim against the previous employer. These types of legal termination in Oregon are available for use by employers rightfully and will make an employee’s claims of illegal dismissal invalid.
At-Will Employment Exceptions in Oregon
What is employment at will and is Oregon an at will state? Aside from the exceptions to at will employment, Oregon recognizes at-will employment, which allows employers and workers to terminate their arrangement at any time, for any reason within the law. The at will employment exceptions in Oregon recognized by law include:
File a Discrimination Charge With the Equal Employment Opportunity Commission in Oregon
The process of how to file a charge of employment discrimination can be different, depending on the size of the company. When filing a charge of discrimination in Oregon, if the company is comprised of 14 employees or less, claimants should submit to the Oregon Bureau of Labor and Industries (BOLI). To file a wrongful termination discrimination charge for a company with 15 or more employees, a claim goes to the Equal Employment Opportunity Commission (EEOC).
The process for how to file an EEOC employment discrimination charge should occur within 180 days (federal violations) or 300 days (state-enforced violations) of the suspected illegal occurrence. Once you file a wrongful termination discrimination charge in OR, the EEOC will reply to you within 10 days after deciding whether to move forward with an investigation or close your claim. A successful investigation requires cooperation from both you and your former employer because the EEOC will ask for interviews and evidence for your claim.
After filing a charge of discrimination in Oregon, the EEOC may suggest a mediation program between both parties to settle the dispute within approximately three months. If no successful conclusion comes from the mediation program, the EEOC will attempt a voluntary settlement with your former employer. If attempting this settlement does not obtain satisfactory completion, the EEOC may grant you the Notice of Right to Sue.