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Oregon Wrongful Termination

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Oregon wrongful termination lawsuits allege employees were fired from their positions in violation of Oregon labor law or federal labor law. Although Oregon is an at-will state, there are exceptions to the at-will doctrine, meaning employees who were wrongfully terminated from their jobs could file a wrongful termination lawsuit in Oregon.

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Oregon At-Will Employment

Oregon is an at-will state, which generally means that an employer can fire an employer for any reason—or no reason—at all. In this situation, it does not matter if the termination is unfair; the employer has the right to fire the employee (similarly, an employee has the right to quit a job for any reason or even for no reason).

Oregon Wrongful Termination Claims

That said, there are exceptions to Oregon at-will employment. The first exception is that an employee cannot be terminated for discriminatory reasons. This means that it is illegal for an employer to fire an employee for being in a protected class. In other words, an employer cannot terminate a working relationship because of the employee's age, race, sex, national origin, marital status, sexual orientation or for any other reason that falls under discrimination.

oregonwrongfultermSecond, an employer cannot commit wrongful discharge, which occurs when the termination is carried out for a reason that is socially undesirable. Included in this are terminating the employee for exercising rights of public importance and terminating the employee for fulfilling societal duties. For example, under wrongful discharge, an employer cannot fire an employee for complaining about discrimination at a work place or for filing a workers' compensation claim, nor can an employer fire an employee for reporting for jury duty.

Third, if there exists a contract or agreement between the employer and employee and that agreement limits the situations in which the employer can fire the employee, then any employment termination must be carried out as set out in that agreement.

Oregon Wrongful Termination Lawsuits

Even though Oregon is an at-will employment state, there are circumstances in which employees can file wrongful termination lawsuits. One complaint about wrongful termination resulted in an arbitrator awarding an employee more than $322,000 in damages, after the employee alleged he was fired for blowing the whistle on his boss for mismanaging public funds.

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READER COMMENTS

Posted by
Brittny
on
Hello this is brittny north I just received a email from my ex employer saying she is going to put me back on the schedule but as a lower title than manager and with less days than I was working before.... when she put me on leave she gave me my last checks so I assumed I was fired? Do I legally have to go back and work for her I'm afraid of retaliation now what should I do? I filed unemployment I think this is the only reason she has contacted me also I have just received the paperwork from unemployment and i planned on turning it in on Monday should I still do it this?

The reason for my separation was because I sent a employee home for conduct of cursing at work. And apparently my attitude was not who's she wanted me to handle these situations.

Posted by
Angela Hunt
on
My late husband was fired from Georgia Pacific last July for his % of absenteeism due to his physical disabilities after being denied long term disability from FMLA (met life) he had 180 day to appeal his denial GP fired him in less than 60days from his denial and then my husband abruptly died. Fired July 6 2015 Died Oct 13, 2015 he never claimed unemployment because he knew they were in the wrong. Please help.

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