Home Archives April 2009 Retaliation claims rise along with pink slips

Retaliation claims rise along with pink slips

| Print |  Email
Wednesday, April 01, 2009

pinkslip2


STATEWIDE The recession is decimating business profits across the state, requiring employers to cut their workforces. Along with that has come increasing numbers of ex-employees who feel their pink slips are in retaliation for reporting unsafe or discriminatory work environments.

Nationally, such claims jumped 22% in fiscal year 2008, rising from 26,663 to 32,690, according to the Equal Employment Opportunity Commission. Oregon mirrors the national trend, with the Bureau of Labor and Industries reporting that its organization received 542 retaliation claims in 2008, up 23% from 438 the previous fiscal year. Those figures are expected to continue rising in 2009 as wide-scale layoffs continue.

“Retaliation claims are absolutely the most common claims against employers,” says Victor Kisch, a partner at Stoel Rives. “We are undoubtedly seeing an increase.”

Under state and federal law, employers are prohibited from retaliating against any employee who they believe has taken certain “protected actions” that are detrimental to the company’s finances or reputation. These actions include an employee’s right to report discrimination or illegal activities in the workplace, claim workers’ compensation or take family leave, which are protected under laws such as the American Disabilities Act, Family Leave Act and Civil Rights Act.

Whether an employer retaliates against an employee by firing, demoting or otherwise punishing him or her, doing so is illegal and can result in a retaliation lawsuit.

With the economy depleting resources, work environments are becoming increasingly intolerant of costly, poor-performing employees, says Amy Angel, associate at Portland-based employment law firm Barran Liebman. This leaves more employers open to wrongful termination and retaliation lawsuits.

Legal proceedings center on determining the validity of the claim, and whether the employer is at fault. They also seek settlements on adequate compensation and the approval of unemployment benefits claims. Kirsh says claimants are almost always looking for monetary compensation, not reinstatement.

“Just about every employment and labor case, except wage-and-hour disputes, has some charge of retaliation,” says Kisch. Companies can avoid such claims by carefully documenting the reasons they are firing or laying off employees, as well as communicating to them why it is happening and what to expect, says Angel.

NICOLE STORMBERG


Have an opinion? E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

 

More Articles

Revolution in print, pixels and passion

News
Tuesday, March 11, 2014
RyanFrankNewsBY MARK BLAINE | OB BLOGGER

The publisher of the Emerald Media Group moves on, leaving a cutting edge media group that depends on business acumen for its survival.


Read more...

Tech makes the world go round

Contributed Blogs
Thursday, March 20, 2014
03.20.14 thumb internetBY JASON NORRIS | GUEST BLOGGER

I don’t think anyone can (or should) remember what it was like to get things done without the internet. This milestone in technology has certainly benefited brick-and-mortar companies and subsequently launched a new era of businesses.


Read more...

The 2014 List: The Top 34 Medium Companies to Work, For in Oregon

March 2014
Thursday, February 27, 2014

100best14logoWebOur 100 Best Companies project turned 21 this year, so pop open the Champagne. Our latest survey gives us plenty to cheer.

 


Read more...

Green eyeshades in the ivory tower

News
Friday, April 04, 2014
EducationCosts BlogBY ERIC FRUITS

The rapidly rising cost of higher education has left even the smartest researchers and the wonkiest of wonks wondering what’s happening and where’s all that money going. More and more, prospective students—and their families—are asking: Is college worth the cost?


Read more...

The solution to youth unemployment

News
Thursday, February 27, 2014
02.27.14 Thumbnail TeenworkBY ERIC FRUITS

Because they have little chance of working for someone else, today’s teens need to be entrepreneurs. But, first, we must teach our teens that entrepreneurship starts small.


Read more...

Green your workplace

News
Thursday, April 03, 2014
100Green14logo200oxBY OB STAFF

Learn how to green your workplace and lower your environmental footprint at the office. Oregon Business presents a two-hour "Greening Your Workplace" seminar on May 28th, 2014 at the Nines Hotel in Portland.


Read more...

Branching out

March 2014
Tuesday, February 25, 2014
DSC04185BY LINDA BAKER

A blueberry bush is a blueberry bush — except when it’s a blueberry tree.


Read more...
Oregon Business magazinetitle-sponsored-links-02
SPONSORED LINKS