The majority of employment relationships in Oregon fall into the category of "at-will" employment. This form 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 particularly 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. Thus, it is essential that you identify what type of employment arrangement you are involved in. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Oregon?
The most common illegal ground for terminating an Oregon employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. Employers in Milwaukie may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Furthermore, 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. Lastly, employers are prevented from terminating 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 Milwaukie, Oregon lawyers can thoroughly 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.