As a dedicated employee, you take your job and your career seriously. However, not every Oregon employer will treat you the same way, and you could experience wrongful termination. However, sometimes, it is hard to understand when a termination has crossed that line from legal to illegal.
Discrimination
In Oregon, wrongful termination most often stems from discrimination based on protected characteristics such as military status, race, color, sex (or gender identity), religion, national origin, age, disability (physical or mental), color, marital or family status and sexual orientation. If an employee is dismissed on any of these grounds, it constitutes wrongful termination.
Breach of contract
In cases where an employment contract outlines protections against termination and an employer violates these terms, it qualifies as wrongful termination. Breach of contract claims can be a strong basis for legal action.
Retaliation
Another form of wrongful termination occurs through retaliation against employees engaged in legally protected activities. This includes termination after an employee files a complaint regarding workplace discrimination or unsafe working conditions.
Violation of public policy
Termination that goes against public policy is deemed wrongful. For instance, an employer cannot dismiss an employee for refusing to participate in illegal activities. Such terminations are legally untenable.
Whistleblower retaliation
Oregon law safeguards whistleblowers. Employees reporting their employers’ illegal activities. Wrongful termination is evident if an employer dismisses an employee in retaliation for blowing the whistle on illicit practices.
Family and Medical Leave Act violations
Wrongful termination can occur when employers dismiss employees for taking leave under the FMLA. The law protects employees who need time off for family or medical reasons, and terminations related to FMLA leave are considered wrongful.
Workers’ Compensation claims
In Oregon, it is illegal to terminate an employee for filing a workers’ compensation claim. If an employer engages in such conduct, it qualifies as wrongful termination, as employees are entitled to pursue workers’ compensation without fear of job loss.
Of course, these are only a few examples of wrongful termination. Employees who suspect they have experienced wrongful termination should explore their legal options.