Generally under Oregon law, a worker that does not have a written employment contract is considered to be an “at will” employee and may be terminated for any reason or no reason at all. However, at will employees may not be terminated for any reason which violates public policy. Additionally, if the employee acts as a “whistle blower” then terminating the employee would also be impermissible.
Further, if the employee is terminated because of race, gender, sex, age, religion, disability, sexual orientation, or national origin, the employee may have a claim for wrongful termination. Similarly, terminations made in retaliation for an employee’s complaints about discrimination are also protected.
Employment Law: Wrongful Termination — Past Case Example
Greg Kafoury, Linda Williams, client Yasuko Ishikawa and Mark McDougal
Yasuko Ishikawa: Misconduct by Drug Lab. In a case that received national publicity, including an NBC interview with Ms. Ishikawa and Greg Kafoury, a flight attendant was fired by airline for turning in an altered sample during a drug test. The trial exposed wrongdoing at the drug lab, and she was vindicated. Verdict: $400,000. 7/6/2001
Employment Law: Sexual Harassment
Sexual harassment is illegal wherever it occurs. We represent both women and men who have been subjected to sexual harassment on or off the job, or have been fired, demoted, or transferred for resisting it.
Employment Law: Sexual Harassment — Past Case Example
Frederic Canovas on the cover of the WIllamette Week
In a drama that provided a cover story for the October 29, 1997 Willamette Week, Frederic Canovas, Ph.D., a visiting professor at Reed College, filed an internal complaint against his superior, the head of the French Department, alleging that the man had sexually harassed him. While a faculty committee was gathering evidence in order to reach a decision on Canovas’ complaint, the college administration announced that the college had granted a highly prestigious award to Canovas’ opponent. We sued Reed College, alleging, among other things, breach of contract for interfering in the grievance process. The case settled days before trial, and this successful outcome helped enable Canovas to continue his academic career. Today, he is a highly successful professor at Arizona State University.
Employment Law: Whistleblowing
Employees may report or object to an employer’s wrongdoing that violates the law. If the employer fires or otherwise injures one’s career in retaliation for such reporting, the employee has a legal remedy for all damages suffered, plus punitive damages and attorney fees. This remedy also applies if an employee is retaliated against for reporting the wrongdoing of a co-worker or manager.
We represent people with whistleblower claims.
Employment Law: Whistleblowing — Past Case Example #1
Pamela Settlegoode: Verdict: $1,000,000. Pamela Settlegoode was fired from her teaching job in Portland in retaliation for having criticized the district’s treatment of students with serious disabilities. Like many whistleblowers, she sacrificed her career in order to bring the truth to light.
Employment Law: Whistleblowing — Past Case Example #2
Charley Merten won more than $6 million in the whistleblower case of Banaitis v. Mitsubishi Bank. This case dealt with a banker who was fired for refusing to give the financial records of one of his bank customers to Mitsubishi Bank, which owned the bank he worked for. Merten filed a wrongful termination case on his behalf and the jury awarded his client $1.3 million for lost compensation and emotional distress, and $5 million in punitive damages. Mitsubishi Bank appealed but the verdict was upheld and the decision expanded the protection afforded to employees in Oregon who attempt to uphold the law within the workplace.