Fired in Oregon: Your Rights Under At-Will Employment (2025)

Oregon is an at-will employment state. This means your employer can generally fire you at any time, for any reason, or for no reason at all—and you can quit without notice. However, Oregon law provides several important exceptions that protect workers from illegal termination.

If you were fired in Oregon, understanding your rights is essential. While most terminations are legal under at-will employment, certain types of firings violate state and federal law. This guide explains when getting fired crosses the line into wrongful termination in Oregon.

What Is At-Will Employment in Oregon?

At-will employment is the default employment relationship in Oregon. Unless you have a written employment contract stating otherwise, your job is considered “at-will.”

What at-will means:

Your employer can terminate you without advance warning
Your employer doesn’t need to provide a reason for firing you
Your employer can change your pay, job duties, or working conditions at any time
You can quit at any time without giving two weeks’ notice

What at-will does NOT mean:

Your employer cannot fire you for illegal reasons (discrimination, retaliation, exercising legal rights)
Your employer cannot violate public policy when terminating you
Your employer cannot breach an employment contract if you have one

Exceptions to At-Will Employment: When Getting Fired Is Illegal

Even though Oregon follows at-will employment, several situations make firing you wrongful termination.

1. Discrimination-Based Termination

It’s illegal to fire someone based on a protected characteristic under federal and Oregon law.

Protected characteristics in Oregon include:

Race or color
Sex (including pregnancy, childbirth, gender identity)
Sexual orientation
Religion
National origin
Age (18 and older under Oregon law; 40+ under federal law)
Disability (mental or physical)
Genetic information
Military or veteran status
Marital status (Oregon law)
Expunged juvenile record (Oregon law)
Whistleblower status (Oregon law)

Example: Your supervisor says “we need fresh young talent” and fires you at age 50. This is age discrimination and violates both Oregon and federal law.

Who’s covered: Oregon’s discrimination laws apply to employers with 1 or more employees (more protective than federal law, which generally requires 15+ employees).

2. Retaliation for Protected Activities

Oregon law prohibits firing employees in retaliation for exercising their legal rights.

Protected activities in Oregon:

Filing a workers’ compensation claim (extremely common retaliation scenario)
Reporting workplace safety violations to Oregon OSHA
Complaining about discrimination or harassment
Reporting wage violations (unpaid overtime, minimum wage violations)
Taking Oregon Family Leave or FMLA leave
Serving on jury duty
Voting or being absent for political purposes
Requesting sick time under Oregon’s sick leave law
Reporting suspected child abuse (mandatory reporting)
Whistleblowing about illegal activity or violations of public policy
Requesting reasonable accommodation for disability or religion
Requesting lactation breaks
Discussing wages with coworkers (protected under Oregon Equal Pay Act)

Example: You file a workers’ comp claim after a workplace injury. Two weeks later, your employer fires you for “restructuring.” This is likely illegal retaliation.

3. Refusing to Break the Law (Public Policy Exception)

Oregon recognizes a strong public policy exception to at-will employment. You cannot be fired for:

Refusing to do something illegal
Exercising a legal right
Performing a public duty (like jury service)

Examples of protected conduct:

Refusing to falsify business records
Refusing to commit fraud
Refusing to violate safety regulations
Refusing to lie to investigators
Refusing to participate in illegal activity

Example: Your manager asks you to dispose of hazardous materials illegally to save money. You refuse. You’re fired. This is wrongful termination under Oregon’s public policy exception.

4. Breach of Employment Contract

If you have a written employment contract that specifies:

A set employment term (“two-year contract”)
Specific grounds for termination (“for cause only”)
Termination procedures (progressive discipline, written warnings)

…then firing you outside those terms is a breach of contract.

Note: Most Oregon employees do NOT have employment contracts. Employee handbooks don’t usually create enforceable contracts unless they explicitly promise job security.

5. Violation of Leave Laws

Oregon Family Leave Act (OFLA):

Employers with 25+ employees must provide up to 12 weeks of job-protected leave
Broader than federal FMLA (which requires 50+ employees)
Covers serious health conditions, pregnancy, bonding with new child, military family leave
Also covers sick child leave (even for non-serious conditions)

Federal FMLA:

Employers with 50+ employees must provide 12 weeks unpaid leave
Similar protections as OFLA

Oregon Paid Leave (Starting September 2023):

Up to 12 weeks of paid leave (14 weeks for pregnancy complications, 16 weeks combined)
Funded by payroll tax
Job protection included

Example: You take 10 weeks of OFLA leave to care for your mother with cancer. When you return, your employer says “we hired someone else.” This violates OFLA protections.

Oregon-Specific Employment Laws You Should Know

Oregon has some of the most protective employment laws in the United States. Here’s what makes Oregon different:

Oregon Equal Pay Act

Oregon’s Equal Pay Act (effective 2019) prohibits:

Pay discrimination based on protected class (not just sex)
Salary history inquiries (employers cannot ask about past wages)
Retaliation for discussing wages with coworkers

Protected pay equity classes: Race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, age.

Predictable Scheduling Law (Portland Metro)

In Portland and surrounding areas, employers with 500+ employees must:

Provide work schedules at least 7 days in advance
Pay “predictability pay” for last-minute schedule changes
Offer additional hours to current employees before hiring new workers

Oregon Paid Sick Time

Oregon law requires employers to provide:

1 hour of sick time for every 30 hours worked (or 40 hours per year, whichever is greater)
Sick time can be used for employee’s illness, family member’s illness, or public health emergencies
Retaliation for using sick time is illegal

Ban-the-Box Law

Oregon’s “ban-the-box” law prohibits employers from:

Asking about criminal history on initial job applications
Conducting background checks until after making a conditional job offer

Final Paycheck Requirements

When you’re fired or quit in Oregon:

Fired (involuntary): Final wages due by end of next business day (excluding weekends/holidays)
Quit without notice: Final wages due within 5 business days or next regular payday, whichever is first
Quit with 48+ hours notice: Final wages due on last day of work

Marijuana Protections (Limited)

Oregon law provides limited protections for off-duty marijuana use:

Employers cannot discriminate in hiring based on off-duty marijuana use
Employers can fire current employees for marijuana use or positive drug tests
Employers can prohibit marijuana use entirely if they choose

How to Prove Wrongful Termination in Oregon

If you believe you were wrongfully terminated, you’ll need evidence.

1. Gather Documentation

Critical evidence includes:

Termination letter or email (stated reason for firing)
Personnel file (performance reviews, warnings, disciplinary records)
Employment contract (if you have one)
Emails or texts showing discriminatory or retaliatory comments
Witness statements from coworkers
Medical records (for FMLA/OFLA or disability claims)
Workers’ comp documents (for retaliation claims)
Pay stubs and wage records (for wage retaliation claims)
Sick time requests and documentation

Oregon law: You have the right to inspect and copy your personnel file within 45 days of a written request.

2. Establish Timeline and Causation

Document the sequence of events:

When did you engage in protected activity (file workers’ comp, take sick leave, report discrimination)?
When did your employer’s behavior toward you change?
How much time passed between protected activity and termination?
What reason was given for your termination?

Timing matters: If you’re fired shortly after protected activity (filing a complaint, taking OFLA leave), this suggests retaliation.

3. Show Pretext (For Discrimination/Retaliation Claims)

If your employer gives a reason for firing you, you may need to show this reason is pretextual—a cover-up for the real illegal reason.

Evidence of pretext:

Positive performance reviews contradict “poor performance” claim
Similarly situated employees weren’t fired
Stated reason changed over time
Reason contradicts company policy or past practice
Timing between protected activity and termination is suspiciously close

Example: You’re fired for “poor performance” three days after returning from OFLA leave. Your last performance review was “exceeds expectations,” and you received a raise six months ago. This suggests pretext.

What to Do If You Were Wrongfully Fired in Oregon

Step 1: File Complaints with Appropriate Agencies

Depending on the violation, file with:

For discrimination or harassment:

Oregon Bureau of Labor and Industries (BOLI) – Civil Rights Division
- Deadline: 1 year from termination
- File online: oregon.gov/boli
- BOLI investigates and can issue “substantial evidence” determination
Equal Employment Opportunity Commission (EEOC) (for federal claims)
- Deadline: 300 days from termination
- File online: eeoc.gov

For wage violations or retaliation:

Oregon Bureau of Labor and Industries (BOLI) – Wage and Hour Division
- Deadline: 2 years from violation (3 years if willful)
- File online: oregon.gov/boli
- Can recover unpaid wages, liquidated damages, penalties

For workers’ comp retaliation:

Workers’ Compensation Division
- File alongside your workers’ comp claim
- May recover reinstatement, back pay, compensatory damages, punitive damages

For OFLA/FMLA violations:

Oregon Bureau of Labor and Industries (BOLI) (OFLA)
U.S. Department of Labor – Wage and Hour Division (FMLA)
- Deadline: 2 years (3 years if willful)
- Can recover back pay, reinstatement, damages

For Oregon Paid Leave violations:

Oregon Employment Department – Paid Leave Oregon Division
- Deadline: 1 year from violation
- Website: paidleave.oregon.gov

Step 2: Consult an Employment Attorney

Oregon employment law has strict deadlines and complex procedures. An experienced attorney can:

Evaluate if you have a valid wrongful termination claim
Calculate damages you’re entitled to
Navigate filing deadlines (Oregon BOLI: 1 year; EEOC: 300 days)
Negotiate settlement or represent you in court

What you might recover:

Back pay (lost wages from termination to resolution)
Front pay (future lost earnings if reinstatement isn’t feasible)
Emotional distress damages (in many Oregon cases)
Punitive damages (if employer acted with malice or reckless indifference)
Attorney’s fees (Oregon law awards fees in most employment cases)

Oregon advantage: Oregon juries tend to be employee-friendly, and emotional distress damages are often substantial.

Step 3: File a Lawsuit (If Necessary)

If administrative remedies don’t resolve your claim, file a lawsuit in Oregon state or federal court.

Statute of limitations:

BOLI discrimination claims: 1 year to file BOLI complaint; 90 days after right-to-sue notice to file lawsuit
EEOC discrimination claims: 300 days to file charge; 90 days after right-to-sue notice to file lawsuit
OFLA/FMLA claims: 2 years (3 years if willful)
Workers’ comp retaliation: 1 year from termination
Breach of contract: 6 years
Public policy wrongful termination: 2 years

Critical: Missing these deadlines means losing your right to sue. Contact an attorney immediately.

Common Myths About Getting Fired in Oregon

Myth 1: “I can sue for wrongful termination because I was fired unfairly”

Reality: “Unfair” isn’t the same as “illegal.” Oregon is at-will, so employers can fire you for a bad reason or no reason—just not an illegal reason (discrimination, retaliation, public policy violation).

Myth 2: “My employer has to give me warnings before firing me”

Reality: Oregon is at-will. Unless you have a contract requiring progressive discipline, your employer can fire you without warning.

Myth 3: “I can’t be fired while on workers’ compensation”

Reality: You can be fired while on workers’ comp—but not because you filed a claim or are injured. If you’re fired in retaliation for filing workers’ comp, that’s illegal.

Myth 4: “My employee handbook is a contract”

Reality: Most Oregon handbooks include disclaimers stating they’re not contracts. Unless your handbook explicitly promises job security (very rare), it doesn’t override at-will employment.

Myth 5: “I don’t need a lawyer for an employment case”

Reality: Employment law has strict deadlines and complex procedures. Oregon’s BOLI deadline is 1 year (shorter than many states). Most employment attorneys offer free consultations and work on contingency (no upfront cost).

Resources for Oregon Workers

Government Agencies

Oregon Bureau of Labor and Industries (BOLI)

Civil Rights Division (discrimination/harassment)
Wage and Hour Division (wage violations)
Phone: 971-673-0761
Website: oregon.gov/boli

Oregon Employment Department – Paid Leave Oregon

Paid Family and Medical Leave
Phone: 833-854-0166
Website: paidleave.oregon.gov

Workers’ Compensation Division

Workers’ Comp Retaliation Claims
Phone: 503-947-7814
Website: oregon.gov/dcbs/wc

Equal Employment Opportunity Commission (EEOC)

Seattle District Office (covers Oregon)
Phone: 1-800-669-4000
Website: eeoc.gov

U.S. Department of Labor – Wage and Hour Division

FMLA and Federal Wage Violations
Phone: 1-866-487-9243
Website: dol.gov/agencies/whd

Legal Assistance

Legal Aid Services of Oregon

Free legal help for low-income workers
Phone: 503-224-4086
Website: lasoregon.org

Oregon State Bar – Lawyer Referral Service

Find an employment attorney
Phone: 503-684-3763
Website: osbar.org

Frequently Asked Questions

Can I be fired for no reason in Oregon?

Yes. Oregon is an at-will employment state, so your employer can fire you without stating a reason—unless the real reason is illegal (discrimination, retaliation, public policy violation).

How long do I have to file a wrongful termination claim in Oregon?

It depends on the type of claim:

Discrimination (BOLI): 1 year from termination
Discrimination (EEOC): 300 days from termination
OFLA/FMLA violations: 2 years (3 years if willful)
Workers’ comp retaliation: 1 year
Breach of contract: 6 years
Public policy wrongful termination: 2 years

Act quickly—Oregon’s deadlines are strict.

When must I receive my final paycheck in Oregon?

Fired (involuntary): End of next business day (excluding weekends/holidays)
Quit without notice: Within 5 business days or next payday, whichever is first
Quit with 48+ hours notice: On your last day of work

Can I collect unemployment if I’m fired in Oregon?

It depends on why you were fired:

Fired for reasons beyond your control: You can collect unemployment
Fired for “misconduct”: You may be disqualified
Quit voluntarily: Generally not eligible (unless constructive discharge or good cause)

Apply through Oregon Employment Department.

Do I need a lawyer to file a wrongful termination claim?

You’re not required to have a lawyer, but it’s strongly recommended. Oregon employment law has complex procedures and deadlines. Most employment attorneys offer free consultations and work on contingency (no upfront fees).

Can I be fired for using marijuana in Oregon?

Oregon law protects job applicants from discrimination based on off-duty marijuana use, but:

Current employees can be fired for marijuana use or positive drug tests
Employers can prohibit marijuana use entirely
You cannot be impaired at work

What is the average wrongful termination settlement in Oregon?

Settlements vary widely based on:

Type of violation
Your salary and length of employment
Strength of evidence
Damages suffered

Oregon settlements tend to be higher than national averages due to employee-friendly juries. Settlements range from $20,000 to $500,000+. Most cases settle for $60,000-$150,000.

What should I do immediately after being fired in Oregon?

Request termination reason in writing
Request your final paycheck (due by end of next business day if fired)
Request your personnel file (within 45 days of written request)
Document everything (save emails, texts, performance reviews)
File for unemployment (within 10 days of job loss)
Consult an employment attorney (free initial consultation)
File agency complaints if applicable (note 1-year BOLI deadline)

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