Your Rights if You Lose Your Job

Losing your job can be a challenging experience, but it’s important to know that you have rights that protect you during this time. 

Your rights in Oregon

• Even if you're an at-will employee, your employer can't terminate you for discriminatory or retaliatory reasons.
• If you're not an at-will employee, your employer must follow procedures in your employment contract before firing you.
• When you're fired, your employer must give you your final paycheck within specified time limits. 
• You may qualify for unemployment insurance if you were fired for no fault of your own or forced to quit.

Understanding at-will employment laws

Oregon follows the "at-will employment" rule. This means your employer can terminate you anytime for any lawful reason. Lawful reasons include personality conflicts, missing work, or non-discriminatory things about you, like your clothing choices or attitude.

Most employees in Oregon are at-will employees, but not all are. There are three main exceptions:

• Employment contracts: Written agreements between you and your employer may limit when and how you can be fired.
• Implied contracts: Some promises in employee handbooks, such as paid vacation upon termination, might be enforceable.
• Union contracts: Your union contract may require specific steps before termination, including a grievance process. Contact your union representative immediately if adverse action is taken against you.

If you're not an at-will employee, your employer must follow the processes outlined in your employment or union contract when they terminate you. 

Illegal reasons for termination

Even if you're an at-will employee, your employer still can't fire you for:

• Your race, religion, gender identity, sexual orientation, or other protected categories.
• Reporting violations of law (whistle-blowing) or safety complaints.
• Participating in jury duty, filing a workers' compensation claim, or military service.
• Resisting workplace harassment.
• Asserting your legal rights.

If you believe you were terminated for one of these reasons, consult an attorney or contact agencies like the Bureau of Labor and Industries (BOLI) or the Equal Employment Opportunity Commission (EEOC).

Final pay rules in Oregon

If you lose your job, your employer must give you your final paycheck within specified time frames:

• If you're fired: Your employer must pay all owed wages by the end of the next business day.
• If you quit with notice: Final pay is due on your last day if you provide at least 48 hours notice.
• If you quit without notice: You must be paid within five days or on the next regular payday, whichever comes first (excluding weekends and holidays).

Eligibility for unemployment benefits

You may qualify for unemployment insurance if your employer forces you to quit or fires you for illegal reasons. If in doubt, apply for benefits. The worst that will happen is your claim will get denied. Visit this page to learn more about unemployment benefits in Oregon.

Next steps if you think you were wrongfully terminated

• Act quickly: Deadlines to file claims can range from six months to two years, depending on the claim.
• Consult an attorney: Legal advice can help you assess your claims and next steps. You can call Oregon's Lawyer Referral Services for help finding an attorney or refer to this guide for tips on finding a lawyer.
• Contact agencies: The Oregon Bureau of Labor & Industries (BOLI) or the U.S. Equal Employment Opportunity Commission may investigate and pursue your claims.
• Apply for unemployment. Consider applying for unemployment benefits while you look for a new job. 

Summary

Understanding your rights is key to protecting yourself and seeking justice if you've been wrongfully terminated. Take action promptly to preserve your options.

Further Reading