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 crucial 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?
Regarding terminating a Oregon employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the Gresham employer.
Additionally, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Oregon Attorney for My Wrongful Termination Case?
Local Gresham, Oregon lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.