Losing a job is hard. It becomes even harder when you suspect that your employer’s reason for your termination was not truthful. Many companies claim they need to “downsize” to cut costs. In some cases, it can be a smokescreen for discriminatory practices.
Downsizing should be based on business needs, not personal biases
In Oregon, state and federal laws protect employees from discrimination and wrongful termination. Your employer might be hiding discrimination under the guise of downsizing if there is:
- Disproportionate impact: Did the layoffs disproportionately affect employees from a particular protected group, such as race, gender or age?
- Unclear criteria: Was the method for choosing who to lay off unclear or random?
- Inconsistent standards: Were different rules applied to different employees?
- Biased evaluations: Were your performance reviews unfair or based on stereotypes?
- Retaliation: Did you face negative consequences or punishment after reporting discrimination, harassment or other workplace concerns?
Proving discrimination in layoffs can be challenging. Employers usually have valid reasons for reducing their workforce, and courts allow them some flexibility in making business decisions. Still, if you believe your termination was discriminatory, it is essential to act quickly.
Fighting against wrongful termination
Downsizing should never be a mask for discrimination. Do not be afraid to fight back if you believe your job loss was based on illegal practices.
You generally have 180 days to file a workplace discrimination complaint with the Oregon Bureau of Labor and Industries. You usually have 300 days to do so with the Equal Employment Opportunity Commission (EEOC).
To boost your fight against wrongful termination, it is essential to work with an attorney. You have rights, and your lawyer can help you understand and fight for them.