Being fired from your job can be one of the most stressful situation in a person's life. Being fired may seem unfair, thoughtless, or even cruel. However, that does not automatically make a termination unlawful. For a termination to be wrongful and actionable as a legal claim, it must have been an adverse act based on a class or other characteristic protected under state or federal laws. For instance, an employer cannot fire an employee because of the employee's race, color religion, sex, disability, national origin, age, or military status. Adverse acts can include conduct such as being fired, demoted, paid less, given a negative evaluation, or transferring you to a lesser role or position. 

 

Contact our office to speak with our experienced employment attorney to review your situation and determine if we may be able to help with your unlawful termination claim. 

 

Protected classes or other characteristics: 

• A person's race, color, religion, sex, age, national origin, military status, or disability. 

• Invoking or using Worker's Compensation. 

• Being pregnant or adopting a child. 

• Using protected leave under the Federal Family Medical Leave Act (FMLA).

• Using protected leave under the Oregon Family Leave Act (OFLA).

• Using protected leave under the Oregon Sick Leave Act.

• Reporting or opposing acts of harassment, discrimination, or retaliation. 

• Reporting or asking to be paid your owed wages and overtime. 

• Report of what the employee believes to be violations of law, including safety violations. 

• Reporting or opposing sexual harassment. 

• Reporting or opposing unlawful employment practices. 

• Reporting or opposing unsafe working conditions. 

•   Whistleblowing. 

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Oregon and federal laws also protect employees who are forced to quit their employment because the working conditions are so intolerable that it would otherwise make a reasonable person quit their employment instead of continuing to be subjected to unlawful harassment, discrimination, or a hostile work environment. This type of forced resignation is known as constructive termination or constructive discharge. 

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Our attorneys at AmicusPoint Law can help you evaluate whether the adverse employment action is related to your protected class or characteristic, making it unlawful. In order for the employer's adverse conduct to be actionable and for you to have a winnable case, the adverse act must be related to your protected class or characteristic.   

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Our attorney has substantial experience handling wrongful termination claims. Call us to set up an appointment.