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When is being fired considered wrongful termination?

| Jan 22, 2021 | Employment Law |

People in Oregon change jobs from time to time. There are many reasons why people do this as well. It could be because they found a better position at another company, they moved and could not commute any longer, they were laid off or fired and many other reasons as well. Since Oregon is an at-will state, most of the time when people leave a company voluntarily or they are fired involuntarily, it is legal.

This is true even if the employee disagrees with the reasoning behind being fired or believes they do not deserve to be fired for the reason they are given. However, there are some situations when being fired is illegal.

Basis for wrongful termination

In order for a firing to be considered wrongful termination, it must be for one of the following reasons:

  • The employee was fired because the employer was discriminating against them based on them being in a protected class of employees.
  • the firing was the result of being the victim of sexual harassment.
  • The basis of the firing violated an employment contract or a collective bargaining agreement.
  • The employee was fired as retaliation for their involvement in reporting illegal activity or participating in investigations involving the company or other employees.

If the employee was fired based on one the reasons above, they may have a wrongful termination case against the employer. If they are successful, the employee could receive compensation from the employer for back pay they would have earned, including benefits they lost. The compensation could also cover future lost pay as well and other damages the employee suffered as a result.

There are many employees in Oregon who are fired for the above-stated reasons. However, proving the true reason for their firing is not always easy to do. Experienced attorneys understand how to obtain the proper evidence though and may be a useful resource.

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