When employers plan to terminate their employees, they usually have several defenses lined up to justify their actions and avoid liabilities. As an employee who may experience this situation, you must be familiar with how your former employer might defend themselves.
How can my employer discredit my claims?
Your employer runs a business, and with the business at stake, they will do everything they can to discredit your claim and maintain their authority within the company. Here are some of the critical defenses they will use against a wrongful termination case.
- Legitimate business reasons: An employer may argue that they terminated you for legitimate business reasons, like poor performance or misconduct at work. They could also include redundancy.
- At-will employment: In Oregon, employment-at-will means employers can terminate employment for any reason that is not illegal. It is a common argument to make the termination lawful.
- Procedural defenses: An employer might discredit the claim if the employee did not follow internal grievance protocols or did not exhaust all available avenues before filing a lawsuit.
- Statute of limitations: If an employee files a claim after a legal deadline, the employer can use these limitations as a defense to dismiss the case.
Understanding that your employer can use these defenses against you if you file a wrongful termination case will help your legal representative prepare when the time comes.
How can I stay on top of any defense from my employer?
You can start by informing yourself about state-specific protections to navigate potential wrongful termination issues. There is a wealth of information online that can offer you updates, such as:
- State Department of Labor websites
- Legal aid organizations
- Professional associations and unions
- Newsletters and online news updates
However, the best way to stay on top and ensure that you succeed in your claim is to get legal advice from someone who understands employment law. Discuss your situation with someone you can trust and someone who will support you towards a win.