For Companies and HR Leaders with Businesses or Employees in Oregon
Employers
Counsel and defense for employers in Oregon facing wrongful termination claims.
For Workers and Executives
Employees
Representation for Oregon workers in wrongful termination matters.
Who We Are
Buchanan Angeli Sullivan & Ferrer LLP is a Portland-based employment law firm that advises and represents both employers and employees on employment law matters, including wrongful termination claims. We represent employers and employees in Oregon, in state and federal court, and before state and federal agencies such as the Oregon Bureau of Labor and Industries and the Equal Employment Opportunity Commission.
Our experience representing both employers and employees gives us a unique perspective and understanding of the applicable laws and procedural realities each side encounters in a termination dispute. We use that perspective to provide informed, practical, and strategic counsel.
Whether we're representing an employer or an individual, we encourage obtaining legal advice early, in many cases, before termination occurs.
Meet Our Portland Team Handling Wrongful Termination Cases
Wrongful Termination Defense for
Employers
Drawing on our decades of employment litigation experience, Buchanan Angeli Sullivan & Ferrer LLP provides practical and strategic advice to help employers minimize the likelihood of wrongful termination claims and to strengthen their position in the event of a legal challenge.
Wrongful Termination Claims We Help Employers Navigate
In Oregon, “wrongful termination” is a stand-alone cause of action that is different from discrimination or other statutory claims. However, often when people talk about “wrongful termination,” they are referring to one or more of the following:
Discrimination-Based Termination Claims
Allegations that a termination or other adverse action was based on age, race, sex, pregnancy, religion, disability, national origin, sexual orientation, or gender identity
Retaliation Claims
Claims that a termination or other adverse action was the result of an employee’s protected activity, such as requesting an accommodation of a disability, taking protected leave, invoking the workers’ compensation system, or other protected activity
Whistleblower Allegations
Claims that an employee was subjected to adverse action because they reported conduct they believed was unlawful
Reduction in Force
Claims of disparate impact or disparate treatment arising from a reduction in force
Breach of Employment Contract
Claims that a termination violated the terms of an employment agreement, including for-cause provisions, notice provisions, or severance terms
Public Policy Claims
Allegations that a termination violated an Oregon state public policy, such as discharge for refusing to engage in unlawful conduct
Wage and Hour Termination Claims
Claims that the employer violated wage and hour statutes, such as final wage payment claims, unlawful deductions from pay, or failure to pay overtime or to provide required meal periods or rest breaks, or that a termination was motivated by retaliation against an employee for raising concerns about compliance with wage and hour laws
Our Approach for Employers
We work closely with our employer clients, many of whom we have represented for decades, to help avoid claims through strategic and practical advice. Here’s an example of what the typical process entails.
Case Evaluation
We review the basis for the termination decision, the supporting documentation, and evaluate any legal exposure.
Risk Analysis
We identify both legal risks and related risks to the organization, the wrongful termination claims at issue, and align our recommendations with the goals of the organization.
Documentation and Positioning
We work to evaluate how personnel files, performance records, and internal communications support the employer's position on the termination.
Resolution Strategy
We advise through negotiation, BOLI or EEOC proceedings, or litigation, depending on what the wrongful termination matter requires.
Wrongful Termination Representation for
Employees
We work closely with individuals to evaluate the strength of any potential challenge to a termination or other adverse employment action. When we determine with the client that a legal challenge is the right approach, we vigorously advocate to seek to achieve the most expedient and most favorable result.
Common Issues in Wrongful Termination Cases
Wrongful termination claims by employees may involve discrimination, retaliation, breach of contract, violations of state and federal leave laws, or other claims.
We listen to our clients’ concerns, review relevant documentation, advise as to whether the client has a viable claim, evaluate options, and advocate for employees who have experienced unlawful conduct.
Discrimination-Based Termination
These claims usually involve challenges to termination or other adverse actions that were substantially motivated by protected characteristics, including those based on age, race, sex, pregnancy, religion, disability, national origin, sexual orientation, or gender identity
Retaliation for Protected Activity
These claims typically involve challenges to a termination or other adverse action that was made in retaliation for the employee’s legally protected activity, including, for example, making a complaint about harassment, discrimination, unsafe working conditions, requesting accommodation, or other protected activity
Whistleblower Termination
Whistleblower claims involve challenges to a termination or other adverse employment action based on an employee’s report of suspected illegal actions, including fraud, regulatory violations, or other unlawful conduct
Termination Due to Protected Leave
Employees who are terminated due to their use of protected leave, such as use of a state-paid leave program or the federal Family and Medical Leave Act (FMLA), may assert claims for retaliation under those leave statutes
Breach of Employment Contract
While most employees are at-will, some employees, including many executive-level employees, have “for cause” provisions that govern termination as well as other contract provisions relating to severance payments or other contractual rights or obligations
Public Policy Violations
Employees are protected from termination in retaliation for engaging in conduct protected by Oregon public policy, such as reporting safety concerns or refusing to commit an illegal act
Our Approach for Employees
We represent employees in wrongful termination matters from initial assessment through resolution.
Intake & Consultation
We meet to evaluate the circumstances of our client’s termination or other workplace concern and evaluate whether the client has experienced unlawful conduct.
Legal Assessment
We evaluate potential claims, the strength of the evidence, and the remedies under Oregon and federal law.
Strategy and Recommendation
We discuss the available paths, including direct negotiation with the employer, an administrative filing with BOLI or the EEOC, or litigation.
Representation
We vigorously advocate on our client’s behalf to obtain a result that advances our client’s interests.
Schedule an Intake with Buchanan Angeli Sullivan & Ferrer
Whether you are an Oregon employer needing assistance with employment policies or other personnel matters, or an employee at risk of termination or evaluating options following a discharge, an early conversation can clarify the path forward.
Frequently Asked Questions About Wrongful Termination in Oregon
Below are common questions about wrongful termination claims in Oregon that are addressed for both employers and employees.