Oregon Wrongful Termination Laws

Wrongful termination and discrimination in the workplace are against the law, including both federal and state laws, such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. State statutes supplement those laws, limiting the rights of employers and employees to terminate employment for any reason under “at will” statutes in the state. There are numerous options for employees to file claims and lawsuits to compensate them or provide relief from such violations.

Oregon’s Specific Labor Laws

The Oregon legislature has provided supplemental labor protections for employees in the state through the following statutes:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.80; adjusted every year for inflation; posted at www.boli.state.or.us	No tip credit; minimum wage for tipped employees $7.25
State Military Leave	Yes	Employees called into active duty with state organized militia have unpaid leave; entitled to benefits and reinstatement rights upon return; employee must return to work within 7 days of release
Jury Duty	Yes	Unpaid leave (or policy adopted by employer); employee may not be penalized or discriminated against for serving
Voting	No
Garnishment	Yes	Employer fee $5 per month per child support payment, maximum $10 per month; termination prohibited for wage garnishment (no number of garnishments specified)
State Family & Medical Leave	Yes	12 weeks yearly leave for childbirth and adoption, with an additional 12 weeks yearly for employees or family members with serious health conditions, required from employers with 25 or more employees, eligible employees must have worked 25 or more hours per week for 180 days or more; up to 40 hours or amount of accrued paid leave for bone marrow donation, required from all employers, eligible employees must work 20 or more hours per week
Arrest & Conviction Records	Yes	Employers may only request records after notifying employee/applicant and the state police; qualified records released 14 days later; may not discriminate on basis of expunged juvenile record unless there is a “bona fide occupational qualification”; may only request information about arrests less than 1 year old that are not dismissed or acquitted; employee/ applicant must be informed of procedures to challenge records
Discrimination	Yes	For 1 or more employees; for age (18 or older); national origin; disability (physical or mental; applies to employers with 6 or more employees); gender; marital status; pregnancy/ childbirth; race; religion; genetic testing
Whistleblower	Yes	For both public and private employees; employer cannot terminate or discriminate against employee for reporting violations
Plant Closings	Yes	Applies to employers with 100 or more full-time employees; for plant closings resulting in job losses for 50 or more full-time employees in any 30-day period; for mass layoffs resulting in job losses of 33% of workforce and 50 full-time employees, or 500 full-time employees during any 30-day period; must notify the Department of Community Colleges & Workforce Development; state provides assistance and professional/technical training, unemployment compensation, and benefits

*These laws change often, so consult local statutes for the most up-to-date information.

Oregon Discrimination Laws

The guidelines for filing claims and lawsuits under Oregon state statutes include the following:

Oregon does not require claims through state agencies to take precedence over private lawsuits.
Employees have the right to file private lawsuits for discrimination and wrongful termination.
Employees in Oregon have the legal right to recover attorney’s fees in successful claims or civil suits.
Employees have 1 year to file claims or lawsuits for violations of discrimination laws in Oregon

Filing a Claim for Wrongful Termination

The procedure for filing those claims begins with contacting the Civil Rights Division of the Oregon Bureau of Labor and Industries, or retaining an employee rights lawyer to verify the claim. Legal representatives begin by attempting mediation or conciliation, in an attempt to avoid the time and costs of going to court. If that proves impossible, either the agency or an attorney must argue the wrongful termination case in civil court.

Legal Remedies for Wrongful Termination

Whether through mediation or civil action, the remedies an employee is entitled to seek vary by violation and severity of the abuse, but generally include one or more of the following:

Reinstatement of benefits and position
Punitive damages
Lost wages
Compensation for stress and suffering
Attorney’s fees and court costs
Injunctive relief in the workplace

Oregon statutes include additional penalties for employers who violate the following discrimination laws:

Jury duty – reinstatement and back pay

Garnishment – noncompliance with child support withholding order, liable for all amounts not paid, fines of up to $250 for each willful failure to pay; for wrongful termination, discrimination, or retaliation, liable for reinstatement, lost wages, the greater of compensatory damages or $200, punitive damages, legal costs, and attorney’s fees

No one should have to suffer the losses and humiliation of wrongful termination or discrimination in the workplace. However, if their employer violates the federal or state protections that are in place, they have the right to file a claim or lawsuit to recover damages, wages, and even reinstatement of their position. Employee rights lawyers are skilled at determining the validity of a case and pursing it aggressively to help employees regain the rights and benefits that are guaranteed under current laws.