OREGON EMPLOYMENT LAW
Employment Law (commonly referred to as Labor Law) in Oregon includes numerous issues pertaining to the employer-employee relationship. Wrongful termination, disability law, sexual harassment, wages and hours, health and safety and hiring and termination practices are a few of these issues. In Oregon, the Bureau of Labor and Industries handles employment claims and complaints.
Wrongful termination, sexual harassment and discrimination, among others are all employment matters that should not be dealt with without the aid of an Oregon employment lawyer because, they have a tendency to become complicated and require great amounts of evidence collection.
Why Hire an Oregon Employment Attorney?
There is a complicated interplay between state and federal law in Oregon wrongful termination law and employment law that must be meticulously researched and compellingly asserted for success. An Oregon employment lawyer can research this connection and can assist you in submitting a claim for wages, formulating a discrimination complaint against your employer, filing a wrongful termination case, and helping you decide if you have an employment claim worth filing. Wrongful termination claims can be particularly difficult for employees to file because by necessity they require the employee to deal with his former employer.
An Oregon employment attorney can communicate with your employer and advise you on the best methods to obtain recovery. Additionally, it is in your best interest to speak with an Oregon employment lawyer if you want to file an employment-related complaint with the Oregon Bureau of Labor and Industries, or if you have questions about the benefits to which you are entitled according to Oregon employment law.
Wrongful Termination in Oregon
Oregon is an "employment-at-will" state. Because employment is "at will," employers can terminate their employees at any time and for any legal reason. Similarly, employees are free to quit their jobs whenever they please. If an employment contract has been signed, under employment law in Oregon, the worker can only be fired for reasons specified in the contract.
When an employer's termination of a worker is discriminatory or illegal, the worker may have a case for wrongful termination. Illegal reasons for terminating an employee in Oregon include:
Talk to an Oregon wrongful termination lawyer if you have concerns or questions about wrongful termination in Oregon.
Firing a worker for a discriminatory reason is considered wrongful termination under both Oregon and federal law. For example, if an employee is otherwise sufficiently experienced for a position, but is terminated because of his disability or because he is over age 40, it is considered wrongful termination. Similarly, if an employee is fired because of race, national origin, sex, and/or religion, the employee may have a case for wrongful termination. If pregnancy is seen as a disability, the worker cannot be fired because of her pregnancy.
If you believe you have a claim for wrongful termination, or are unsure how to submit such a claim, you should bly consider contacting an Oregon wrongful termination lawyer to help you and ensure the best possible result in your case.
Employee Wage/Hour Concerns in Oregon
All non-exempt employees in Oregon must be paid at least the minimum wage--$8.50 per hour. The Oregon minimum wage is higher than the federal minimum wage, which is $7.25 an hour. Employees must be paid at least once a month. If your employer fails to pay your wages on time or at all, you should file a "Wage Claim" with the Oregon Bureau of Labor and Industries. Speak to an Oregon employment attorney if you are unsure how to complete and submit a Wage Claim.
Workers in Oregon who work more than 40 hours in a week are entitled to overtime pay at time-and-a-half their normal hourly wage rates. The federal Fair Labor Standards Act, enforced by the United States Department of Labor, Wage and Hour Division mandates that workers be paid overtime. Talk to an employment attorney about collecting your unpaid wages or overtime pay. As with claims for unpaid wages, claims for unpaid overtime should be completed and submitted to the Oregon Bureau of Labor and Industries on the above mentioned Wage Claim Form.
Questions and concerns regarding unpaid wages or general wage concerns should be directed at an Oregon employment attorney.
Oregon Employment Benefits
Oregon employment law does not mandate that employees be given vacation pay, sick leave, severance pay, health insurance or life insurance. However, employers can provide these benefits at their discretion. Meal periods of at least 30 minutes must be provided to employees who work 6 hours or more in one work period. In addition, a 10 minute rest period must be provided to workers who work at least 4 hours at a time.
Oregon disability law does not require that employers provide short term disability benefits to employees who do not have occupational diseases or injuries, nor does Oregon law provide paid maternity leave. However, under the Family and Medical Leave Act (FMLA) states are required to give 12 weeks of unpaid maternity leave to their employees.
Oregon Employment and Labor Laws
Oregon Revised Statutes - Bureau of Labor and Industries