Losing a job is never easy. If you recently lost your job in Oregon, you may be wondering if you were wrongfully terminated.
Like many other states, Oregon law treats most workers as “at will.” This means that, generally, your employer can fire you at any time, for any reason, or even for no reason at all.
However, there are some exceptions to at-will employment. One of these exceptions might apply to you.
Discrimination and retaliation
Federal law and Oregon state law make it illegal to fire an employee based on a protected characteristic. Some examples of protected characteristics include race, age, sex or citizenship status.
Additionally, your employer cannot fire you for asserting your rights under these laws. For example, if you believe you were not given a raise based because of your age, you can report it to your human resources department. It is illegal for your employer to fire you because of your report.
Proving discrimination and retaliation can often be challenging and there are certain steps you must take before filing.
If you have a written employment contract, you cannot be fired unless it is done in accordance with the terms of your contract. Employees with written employment contracts are not considered at-will employees and not subject to the standard at-will employment law.
Leave time
Federal and state laws allow you to take time off work for certain reasons. It is illegal for employers to fire employees for exercising these rights.
Some examples of these rights include taking time under the Family and Medical Leave Act (“FMLA”), serving on jury duty, taking military leave or using bereavement leave.
If you need to use leave time for a protected reason such as these, tell your employer the days you will be gone and the reason. You should never leave work without telling your employer or you may give your employer a valid reason for firing you, even if you have a protected reason.
Employment situations can be tricky and wrongful termination claims often depend on the specific situation involved. It is important to learn if your claim has merit before deciding to file.