Can I fire employees for reasons other than poor performance in Oregon? What are the requirements?

Requirements for Firing Employees in Oregon

In Oregon, employment is generally considered to be “at-will,” which means that either the employer or the employee may terminate the employment relationship at any time, with or without cause, and with or without notice. However, there are certain legal requirements that employers must follow when terminating employees for reasons other than poor performance.

Discrimination and Retaliation

Employers cannot terminate employees for discriminatory reasons, such as race, gender, religion, or disability. Additionally, employers cannot retaliate against employees for engaging in protected activities, such as reporting discrimination or harassment, filing a workers’ compensation claim, or taking leave under the Family and Medical Leave Act (FMLA).

Contractual Obligations

If an employee has a contract that specifies the reasons for which they can be terminated, the employer must follow those terms.

Public Policy

Employers cannot terminate employees for reasons that violate public policy. For example, an employer cannot terminate an employee for refusing to engage in illegal activity or for reporting illegal activity to the authorities.

WARN Act

If an employer is planning a mass layoff or plant closure, they may be required to comply with the federal Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to provide advance notice to affected employees.

It is important for employers to consult with legal counsel to ensure that they are complying with all applicable laws and regulations when terminating employees.

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Jurisdiction

Oregon

• Labor