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

The Scott Kveton affair

News
Wednesday, July 09, 2014
ScottKvetonBY LINDA BAKER | OB EDITOR

Scott Kveton, the CEO of Urban Airship is taking a leave of absence from the company. As the story continues to unfold, here’s our perspective on a few of the key players.


Read more...

Who said we should sell in May?

Contributed Blogs
Friday, July 18, 2014
BullMarketBY JASON NORRIS | OB GUEST CONTRIBUTOR

Back in May, we shared a common Wall Street quote about investing, “Sell in May and go away.” Fast forward to July and the most common question we have been getting from clients is, “When is the market pullback going to occur?”


Read more...

The business of running a food cart

News
Thursday, June 05, 2014
OBM1BY HANNAH WALLACE | OB BLOGGER

What does it take to launch and run one of these mobile food businesses?  


Read more...

Why I became an Oregon angel investor

Guest Blog
Monday, July 14, 2014
AngelInvestBY TERRY "STARBUCKER" ST. MARIE

I really didn’t know that much about angel investing, but I did know a lot about the entrepreneurial spirit.


Read more...

OB Video: Building trade ties with the EU

News
Monday, June 16, 2014
BritEmbCampionBY KIM MOORE | OB RESEARCH EDITOR

The Oregon economy could get a boost from a new trade agreement being negotiated between the U.S. and the European Union.


Read more...

The global challenge

News
Friday, June 27, 2014
062714 thumb globalmarketBY JASON NORRIS | OB BLOGGER

Over the last several months we have seen a wave of cross-border acquisitions, primarily U.S.-based companies looking to purchase non-U.S.-based companies. There are a few reasons for this, but the main culprit is the U.S. corporate tax system. The United States has one of the highest corporate tax rates in the world.


Read more...

Attack of the Robin Sages

Contributed Blogs
Monday, July 07, 2014
070714 thumb linkedinfakesBY TOM COX | OB BLOGGER

Named after the 2010 experiment by Thomas Ryan, "Robin Sages" are fake social media profiles designed to encourage linking and divulging valuable information.


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