Retaliation claims rise along with pink slips

| Print |  Email
Archives - April 2009
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

5 stats about Oregon fireworks

The Latest
Thursday, June 18, 2015
fireworksthumb001BY JACOB PALMER | DIGITAL NEWS EDITOR

Fireworks are a booming industry, even if the pyrotechnics have turned July 4th into a day fire marshals, and many residents, love to hate.


Read more...

The Private 150: From Strength to Strength

July/August 2015
Monday, July 13, 2015
BY KIM MOORE

Revenues in Oregon's private, for profit sector maintained solid growth as the economy continued to rebound.


Read more...

Photo log: Murray's Pharmacy

The Latest
Friday, July 17, 2015
OBM-Heppner-Kaplan thumbBY JASON KAPLAN

Photographer Jason Kaplan takes a look at Murray's Pharmacy in Heppner.  The family owned business is run by John and Ann Murray, who were featured in our July/August cover story: 10 Innovators in Rural Health Care.


Read more...

Oregon needs a Grand Bargain energy plan

Linda Baker
Monday, June 22, 2015
0622-gastaxblogthumbBY LINDA BAKER

The Clean Fuels/gas tax trade off will go down in history as another disjointed, on-again off-again approach to city and state lawmaking.


Read more...

Preserving the Legacy

July/August 2015
Monday, July 13, 2015
BY KIM MOORE | PHOTOS BY JASON E. KAPLAN

A New York floral and gift business takes on the iconic Harry & David brand.


Read more...

Store Bought

July/August 2015
Friday, July 10, 2015
BY LINDA BAKER

Market of Choice is on a tear. In 2012 the 35-year-old Eugene-based grocery chain opened a central kitchen/distribution center in its hometown. The market opened its third Portland store in the Cedar Mill neighborhood this year; another outpost in Bend broke ground in March. A fourth Portland location is slated for the inner southeast “LOCA” development, a mixed-use project featuring condos and retail. Revenues in 2014 were $175 million, a double-digit increase over 2013. CEO Rick Wright discusses growth, market trends and how he keeps new “foodie” grocery clerks happy.


Read more...

The Backstory: Portland Youth Builders

The Latest
Wednesday, June 03, 2015
blog002 1BY JASON E. KAPLAN | STAFF PHOTOGRAPHER

As part of our green workplaces story, Oregon Business checked out a community service project undertaken by Portland Youth Builders, a nonprofit alternative high school. In partnership with Whole Foods, PYB built garden boxes for a Home Forward  housing site. Home Forward is a government agency that provides housing for low income residents and people with disabilities.


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