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Can I terminate employees without violating employment laws in Oregon? What are the requirements?

Here are the requirements for terminating employees in Oregon:

Termination of Employment in Oregon

In Oregon, employment is generally 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 requirements that employers must follow to avoid violating employment laws.

Prohibited Reasons for Termination

Employers may not terminate employees for discriminatory reasons, such as race, color, religion, sex, national origin, age, disability, or sexual orientation. Additionally, employers may not terminate employees for engaging in protected activities, such as filing a complaint or participating in an investigation related to discrimination or harassment.

Final Paycheck

When an employee is terminated, the employer must provide the employee with their final paycheck. The final paycheck must include all wages earned and unpaid at the time of termination. If the employee was terminated without cause, the final paycheck must be provided immediately. If the employee was terminated for cause, the final paycheck must be provided within five days.

Severance or Separation Agreements

If an employer offers a severance or separation agreement that requires severance or separation payments, the agreement may be voidable by the employer if the employee violated certain laws or policies that were a substantial contributing factor in causing the separation from employment [1.2].

Retaliation

Employers may not retaliate against employees for exercising their rights under Oregon employment laws. This includes terminating employees for inquiring about employment laws or reporting violations of employment laws [5.2].

Employees who are victims of domestic violence, harassment, sexual assault, or stalking may be granted leave with pay from employment for the purposes specified in ORS 659A.272. An eligible employee may take up to 160 hours of leave with pay authorized by this section in each calendar year [1.1].

Denying Leave

Employers may not deny leave to an eligible employee or discharge, threaten to discharge, intimidate, or coerce because the employee takes leave to attend a criminal proceeding [1.8].

Use of Force or Misrepresentation

Employers may not use force, threats, or intimidation to prevent employees from continuing or performing work, or from accepting any new work or employment. Employers may not circulate false written or printed matter to induce others not to buy from or sell to or have dealings with any person, for the purpose or with the intent to prevent such person from employing any person, or to force or compel such person to employ or discharge from employment anyone, or to alter the mode of carrying on business, or to limit or increase the number of employees or the rate of wages or time of service [2.1].

Restrictions in Employment Contracts

Employment contracts may not contain any undertaking or promise that conflicts with the public policy declared in ORS 662.020. This includes any undertaking or promise made after June 6, 1931, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association or corporation, and any employee or prospective employee of the same, whereby either party to such contract or agreement undertakes or promises not to join, become or remain a member of any labor organization or of any employer organization, or that the party will withdraw from an employment relation in the event that the party joins, becomes or remains a member of any labor organization or of any employer organization [3.1].

Exceptions

There are certain exceptions to the general at-will employment rule. For example, employment for which a collective bargaining agreement provides for the payment of wages upon termination of employment is exempt from the requirements of Section 652.140 [1.3]. Additionally, certain types of employment, such as service performed for a nonprofit employing unit, the state, a political subdivision of the state, or an Indian tribe, may be excluded from the definition of employment [1.5].

In summary, while Oregon is an at-will employment state, employers must follow certain requirements to avoid violating employment laws. Employers may not terminate employees for discriminatory reasons or for engaging in protected activities. Employers must provide employees with their final paycheck and may not retaliate against employees for exercising their rights under Oregon employment laws. Additionally, employers may not use force, threats, or intimidation to prevent employees from continuing or performing work, or from accepting any new work or employment. Employment contracts may not contain any undertaking or promise that conflicts with the public policy declared in ORS 662.020.

Source(s):
Jurisdiction

Oregon