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:
- Types of illegal termination in Oregon
- Types of legal termination in Oregon
- At-will employment exceptions in Oregon
- File a discrimination charge with the Equal Employment Opportunity Commission in Oregon
- File a lawsuit against your employer in Oregon
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:
- The implied-contract exception that prevents employers from firing their employees when an implied contract is in place.
- The public-policy exception that inhibits employers from dismissing an employee if it violates public policy.
- Learning what is employment at will can help an employee to understand his or her rights when dismissed from a job.
- One of the exceptions to at will employment that Oregon does not observe is the covenant of good faith and fair dealing exception, encouraging all employers to act in good faith and with fairness when interacting with employees.
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.
File a Lawsuit Against Your Employer in Oregon
Before you start planning to file lawsuit against employers for wrongful termination, you will first need the Notice of Right to Sue granted by the EEOC if the company has 14 or more employees. The process for how to file a wrongful termination lawsuit involves gathering evidence to prove your claim. When you file a lawsuit against your employer in Oregon, you must present evidence such as documentation of conversations or interactions with your employer and witness testimonials from co-workers.
If you are questioning, “Can I file a lawsuit for wrongful termination and win my case?” you should consider hiring an experienced attorney. Filing a wrongful termination claim against employer can be helpful to repair financial burdens caused by your experience, but only if you are successful. When suing for wrongful termination in Oregon, a lawyer can help you to present extensive evidence to verify to the court that you have suffered an illegal termination.