When is a Job Termination Considered Wrongful in Oregon?
The majority of employment relationships in Oregon fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is important that you identify what type of employment arrangement you are involved in. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in Oregon?
In a Oregon at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. A Eugene employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Oregon Attorney for My Wrongful Termination Case?
Eugene, Oregon lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.
