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Wrongful termination for Oregon?

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  • Wrongful termination for Oregon?

    I was employeed at a restuarant in Oregon as a exempt salaried head chef for over three months. I received a phone call from the owners boyfriend telling me that I was no longer employeed at the establishment. I am not quite sure if the owners boyfriend has any official attachment to the establishment, and when I tried to ask why I was terminated he gave no reason. Do I have any sort of legal grounds to file for a wrongful termination suite? If so, could you send me any links? Any help would be greatly appreciaited. Thanks.

  • #2
    Based on what you have posted, this doesn't even come close to wrongful termination. A wrongful termination is when you are discharged for a reason that violates a particular law.

    Have you asked the owner directly? If, in fact, the owner gave this task to her BF, it was not illegal, although I must admit it's a very poor decision and, frankly, I might even show up for work the next time I was scheduled and see what the owner says. Sheesh, what a chicken way to fire someone.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I thought that if I was an exempt salaried employee I was supposed to be given a reason for being fired? I never signed anything stating I was an at will employee. I am almost positive I was fired for the owner to supplant me with her boyfriend for less to no pay. So shouldn't I have been laid off instead of fired? If I find out the boyfriend has no official involvement in the business, but has access to my personel files what should I do? Am I entitled to severance pay? Thanks again for the help. It just really sucks, I was used to help these people get their restuarant off the ground and the week after the official grand opening they fire me, but in such a cowardly way. It blows.

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      • #4
        I thought that if I was an exempt salaried employee I was supposed to be given a reason for being fired?

        No, the law does not require that either exempt or non-exempt employees be given a reason why they were fired. There are a few states where, if you make a written request for it, the employer has to provide you with a "service letter" which includes, among other things, the reason for your termination, but Oregon is not one of those states. Exempt or non-exempt, the only thing your employer has to tell you is, Maelgrim, as of today your services are no longer required.

        I never signed anything stating I was an at will employee.

        Doesn't matter. Unless you are in Montana, you are an at-will employee unless you have a bona fide contract that says you aren't. At-will is the default.

        I am almost positive I was fired for the owner to supplant me with her boyfriend for less to no pay.

        Even if you are 100% correct, that is not illegal.

        So shouldn't I have been laid off instead of fired?

        Nothing in the law says so. Technically, "laid off" means you are subject to recall.

        If I find out the boyfriend has no official involvement in the business, but has access to my personel files what should I do?

        Nothing. The business owner can give access to the personnel files to anyone they want to.

        Am I entitled to severance pay?

        Only if you have a bona fide contract that says so. Nothing in either Federal nor state law makes severance pay mandatory.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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