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Does at-will status let an employer fire for any arbitrary reason?

On Behalf of | Apr 29, 2025 | Employment Law |

Oregon presumes employment is at will, meaning either side can end the relationship at any moment, with or without prior notice. That freedom, however, sits inside a web of federal and state protections that bar terminations driven by bias or retaliation. Federal statutes enforced by the U.S. Equal Employment Opportunity Commission shield workers from discrimination based on race, sex, age, disability and more. Oregon adds its own guardrails through the Oregon Bureau of Labor and Industries and Title 51, Chapter 659A of the Oregon Revised Statutes, expanding coverage to areas such as marital status, sexual orientation and victims of domestic violence.

Exceptions that limit an employer’s leeway

At will is broad, not boundless. Common exceptions include anti‑discrimination laws. For example, firing someone because they complained of unequal pay or requested a religious accommodation violates federal and state statutes. Exceptions also include retaliation and whistleblowing. Oregon law protects employees who report safety hazards or wage‑and‑hour violations. Likewise, a workers’ compensation claim could be the basis of an exception and give the employer to liability. Courts also bar terminations that undercut well‑defined public interests, such as jury service or voting leave.

When policies create implied contracts

Handbooks and supervisor statements sometimes morph the employment relationship into more than at will. Promises of “termination only for cause” or a progressive discipline chart can become enforceable if employees reasonably rely on them. Indeed, many industry experts advise employers to use clear disclaimers to prevent misunderstandings or creating an implied employment contract.

First, document everything. Keep copies of reviews, emails and policies because they help show whether an employer followed its own rules or created an implied contract that circumvents the normal “at will” relationship. Though, remember that context matters. Downsizing after a revenue slump differs legally from firing only outspoken safety whistleblowers.

Finally, know the deadlines. Oregon discrimination claims often require a BOLI complaint within 300 days, and federal charges share a similar window.

At‑will employment gives Portland, Oregon, employers flexibility, yet statutory and common law limits ensure that no one loses a job for an unlawful reason. By understanding these boundaries, and the evidence that supports them, employees can navigate the workplace with clearer expectations and greater confidence.

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